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Questions Answered by Anthony M. Avery
1 Answer | Asked in Real Estate Law, Estate Planning and Probate on
Q: Both of our names are on my deceased moms property, can my sister auction it off without my signature?
Anthony M. Avery
Anthony M. Avery answered on Aug 2, 2021

The Sister can convey whatever interest in real property that she has. You might want to hire a competent attorney to search the title. Assuming you have an interest, have the attorney notify the auctioneer of the same.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Kentucky..my sister abandoned her share of inherited home. I have paid all maintence and upkeep for 3 years.

Can I take her share. Currently I own 3/4 she has 1/4. I have sent her invoices that she ignores. I feel she has abandoned the property

Anthony M. Avery
Anthony M. Avery answered on Aug 2, 2021

You cannot adversely possess against other Tenants In Common. She owns an undivided interest in the real property also whether she pays bills or not.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: I sold my home and property never received my money. There is also third party involved, should I sue both at once
Anthony M. Avery
Anthony M. Avery answered on Aug 2, 2021

If the third party was involved in the transaction, then yes, sue all involved. You obviously have serious problems and have no idea what your cause of action is. You must hire a competent KY attorney immediately. Time is of the essence here, as collecting a Judgment may be impossible.

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Medical probs prohibit how to transfer to reg probation?

I have a spine reconstruction surgery amongst other problems what can I do to get it transferred to reg probation?

Anthony M. Avery
Anthony M. Avery answered on Aug 2, 2021

You have not stated what your Sentence is. But your lawyer can move the Court to modify your Probation, listing those grounds. Crossing State lines would be a problem.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a tenant agree to do ALL maintenance and repairs for a reduced rent?
Anthony M. Avery
Anthony M. Avery answered on Aug 2, 2021

Sure, but modify your Lease in writing. Execute duplicate originals.

1 Answer | Asked in Uncategorized for Tennessee on
Q: if a person was dropped of charges of shoplifting. but had signed a trespass form from the local police department.

Does that mean the person is still banned from the store?

Anthony M. Avery
Anthony M. Avery answered on Aug 2, 2021

Not sure what you have done, but it appears that you know not to go to that business again. Criminal Trespass, or worse, will probably occur otherwise.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: I lost my right to own a firearm in 1998 what do I have to do to get it back

I was convicted of a drug felony in 1998. My right to vote back and I would like my rights to own a firearm I have never been in any more trouble

Anthony M. Avery
Anthony M. Avery answered on Aug 2, 2021

Generally that kind of Conviction is permanent. There are a very few, obscure exceptions. Have your Judgment of Conviction checked by a competent attorney. But usually you need to consult with an experienced firearms attorney to see what are your legal weapon choices.

1 Answer | Asked in Real Estate Law for Michigan on
Q: I purchased a piece of land in April. I have a quit claim deed. There were renters in the home and refuse to leave.

Do I have a legal right to inspect the home? Renters won't let me in.

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Inspecting the home is the least of your problems. Hire a competent MI attorney to file a possessory action for either an Eviction, or possibly Ejectment. The SOL is running and you may have already lost the Title, or your Deed may have been void for Champerty. You need a title search... Read more »

1 Answer | Asked in Bankruptcy and Real Estate Law for Pennsylvania on
Q: I have the opportunity to buy a house thats in bankruptcy chapter 13 thats my moms. What can i do or how can I buy

Buy seeing she in bankruptcy

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Right now while the seller is in a five year plan chapter 13 bankruptcy is not the time for her to sell her real property. The Trustee would have a substantial interest in it, and might take all the proceeds except a homestead exemption amount. If the chapter 13 is dismissed then you might... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My father died, with no spouse, 5 adult heirs, and no will. There is real property.

The PR is an heir. Some heirs want to sell the real property for debts others don’t. The PR does not want to sell and has said the property will not be sold. Can the the PR prevent or stop the property from being sold if there is not enough money to pay the debts? How do you have a PR removed?

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Hire a competent attorney to file an Action for a Partition Sale. But this may not be possible until the Probate is over due to possibility of an Insolvent Estate. The Heirs own the property at the decedent's death, but title may not be merchantable for awhile. The Partition Suit can... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law on
Q: Neighbors son had fence built for his father but it’s on my property. I sent a certified letter with photo of spike

No response. Son won’t answer my calls and I don’t know the info on fence builder. I’m unemployed and frustrated! What do I need to do to resolve this? Talk does not work. Neighbor is 94 yrs old and has no part in this. Thanks, Paul Shaw 469-999-8193

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Unfortunately you now have a boundary dispute and both properties titles now have clouds. You will need a boundary line survey with the surveyor available to testify. Then sue for trespass and a boundary line dispute/quiet tile cause of actions, which mainly amounts to a declaratory judgment.... Read more »

2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested under suspicion of DUI while sitting in the back seat of my car at a hotel. What can be done to help me?

No field sobriety tests, or breathalyzer was taken

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Hire a competent attorney now. TN has always held if you are capable of driving, whether you physically are or not, then DUI can be charged. If you had any intoxicants in your system, then what you did was a crime. But the State still has to prove it and without a chemical test, it will be a... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant on
Q: I signed a lease in a new construction home. I’ve recently found out the HOA prohibits this. Should I be concerned?
Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2021

Yes... The HOA will probably fine the owner, and possibly execute the lien by foreclosure. Hire an attorney to help you walk out of this.

1 Answer | Asked in Real Estate Law on
Q: real estate question, my lawyer is having problems sending money to seller laywer. Closing date delayed to day 3, advice

Hi,

I purchased a house. My closing date was July 27. My lawyer cleared all papers, and received the mortgage money from my bank. There was a problem with the transaction between my lawyer and selling lawyer. Now my closing is delayed 3 days, and I have to evacuate my current place. My... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2021

Apparently you agreed to reschedule the the execution of the contract to purchase real property. My suggestion is you and your lawyer show up promptly on the day and time agreed upon with certified funds and make a tender. If no deed is received, then file suit the next day for specific... Read more »

1 Answer | Asked in Probate for Mississippi on
Q: I need to find information about heir property in Mississippi. Who should I talk to?

The property was owned by my grandparents, they are deceased and their children are deceased. Thirteen grand children are living. How can I find out who's name the property is in? Two of the grand children have information about the property and will not share the information with the others.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 28, 2021

Call a MS attorney in the County where the property lies. Hire him to search the title and then see who is presently receiving the tax notices. If it looks profitable, the lawyer will need to determine Heirship, and then record an Affidavit of Heirship. A Partition Action may be necessary.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: I have been in my home for 20 years. A new neighbor has decided to remove stones from a deviding wall. He built a pallet

structure on it. I have asked them to remove it and replace the wall. I am just ignored. What can I do. Vince Cleri

Anthony M. Avery
Anthony M. Avery answered on Jul 26, 2021

You will need a boundary line survey to prove you own all or most of the wall, with the surveyor available as a witness. Then you sue the adjoining owner for trespass, tort damages and possible conversion of the stones. Hopefully you will not need a Boundary Dispute Action. All of this is... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Landlord towed my car to pave, car in perfect condition, notice was given only 2 days prior, can I sue them?

Car in my name, lease is also in my name, tow company recked car, and I took pictures and videos to prove that, the reason why I did not remove the car is that I was not in town for 10 days. I found out about the notice and the whole incident when I came back.

Anthony M. Avery
Anthony M. Avery answered on Jul 26, 2021

Yes you should be able to sue the landlord and his agent, the tow company, for tort damages to property and possibly conversion. But you will need witnesses that will testify to the towing, which will be tough. Damages really need an expert about the car's pre-tort value. General... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: If two people own a house and one wants to sell and the other does not, what is the law?

I can’t afford to move or buy this individual out

Anthony M. Avery
Anthony M. Avery answered on Jul 23, 2021

If there is sufficient equity, hire a competent AZ attorney to prosecute an Action for a Sale For Partition.

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