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Questions Answered by Anthony M. Avery
1 Answer | Asked in Probate for Alabama on
Q: i was left my step dads estate he had several million in cash and several hundred acres his daughters coming after it

the will reads i get it all he owed back child support

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answered on Feb 26, 2024

If you have read a Will that has been admitted to Probate, and you are a significant beneficiary, then hire an attorney to represent you. The child support will be claims against the Estate. Where is the Will? If not probated, then you need to file it. Again, hire an attorney to represent... View More

1 Answer | Asked in Car Accidents for Tennessee on
Q: Yes I was in an auto accident in 2012 and was said to not hav insurance when I actually did have insurance. What do I do

I have a copy of the police report that states I did have insurance at the time of the accident.

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answered on Feb 26, 2024

Police Report is inadmissible heresay. Get a written declaration sheet from 2012 that you had insurance from the carrier by a policy number. Then start sharing a copy of it with the DOS's Financial Responsibility Section. If you got sued, then notify the insurance company to defend you... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Tennessee on
Q: If I get pulled over for swerving, when in fact I wasn't swerving at all, can my case be thrown out.

Can I challenge proper use of Quantum Language Parse Syntax Grammar?

Can I challenge jurisdiction?

And should I appear as special witness for myself?

They found drugs in the car.

Amount unknown it wasn't my car or my drugs.

They also gave me a dui.... View More

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answered on Feb 23, 2024

Hire an attorney now to prepare for a preliminary hearing, and and motion to suppress evidence if indicted. If the stop and search are legal then your lack of admission is not needed. That is probably a felony besides the DUI which takes your TNDL. Work, stay out of trouble and probably time... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I be charged for something that was done in my name but I have identity theft all over everything because my identit

Was stolen my grandma said the bank said 200 bucks was issued in my name on a card I don't own anymore

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answered on Feb 23, 2024

Apparently you have not been charged yet. So keep quiet, do not admit to anything, and do not post anything else about this on a public forum. If charged, hire an attorney to represent you. It is hard to prove you did nothing, especially when it is your name being used. Yes, charges can... View More

1 Answer | Asked in Estate Planning for Indiana on
Q: I filled out, signed and had a small estate notarized for my deceased dad's bank account. The bank allowed my sister to

Empty his bank account. She kept all the money. I thought bank could only release funds to me since I filled out small estate affidavit

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answered on Feb 23, 2024

Being the Small Estate Affiant gives you standing and a legal duty to marshal up the assets, including a suit for conversion or a criminal theft charge against someone that stole part or all of the property of the next of kin. However the sister may have owned the money in the account. You may... View More

1 Answer | Asked in Consumer Law and Identity Theft for Tennessee on
Q: I just received an alert that I had a derogatory on my credit.

I found this weird as my credit score is 843 and I take pride in it. I called the firm representing whoever put the 679 judgement against me and they said it was for a Rachel. I don't have any clue who this person is and it it was from Naples Fl who I have no one in that area. They just pulled... View More

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answered on Feb 22, 2024

If you cannot get this off your record by disputing it with the credit bureaus, then you will need an attorney. That amount of money may not justify the expense. It would help to get a copy of the judgment from the Court it was entered. Then you can talk to the attorney about suit. It the... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Does my secondary Executor have to be a "same state" resident? [TN] Should I file a Codicil?

My will states my husband as Executor, with my son as secondary.

With my son being a non-resident, should I change my Executor directives?

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answered on Feb 21, 2024

There is a registration process with the Secretary of State for non-TN personal representatives. However the Will has no effect until testator dies and it is filed for Probate. If you want to change something, then execute a new Will and destroy the present one. Codicils can impute contests.

1 Answer | Asked in Estate Planning for Alabama on
Q: If a person nominated to become trustee over a trust fails to communicate with beneficiary or executor for 11 months can

A successor trustee that's named in the wheel take over the duties and being and being appointed trustee without the courts

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answered on Feb 20, 2024

If they agree to the new Successor Trustee taking over the monies, property as Trustee, yes. Otherwise Successor Trustee has a duty to ask for a Court to appoint him as the new Trustee, with orders to any Banks. etc. to transfer to the new Trustee.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Ticked with failure to prove insurance in Tn. I don’t have insurance. Wondering if that’s a more serious charge.

Im wondering if I can just pay the ticket and get insurance. Or if I’ll get in more trouble if they find out I actually don’t have it.

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answered on Feb 20, 2024

If you do not have insurance at the time of the stop, then it is a crime. However sometimes you can get the charge dismissed with costs if you show up at Court with your new insurance card, registration and TNDL. It would be worth it to hire an attorney to represent you. Conviction for Lack... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on
Q: I am a beneficiary of an Irrevocable Trust in Missouri and have a question I need help with.

In the Trust document the Grantor lists a real estate property with the title shown under the name of her single owner LLC, with the intention that real estate property, on her death, would be inherited by me and my brother, who is now Successor Trustee. Title was, and to date, has never changed... View More

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answered on Feb 20, 2024

Hire a competent MO attorney to search the title and draft the deed out of the LLC. He will have to abide by MO LLC Statutes and probably have all successors in interest of the LLC convey as grantors as well as the Successor Trustee, which must have precise language to be enforceable. Make sure... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: I was sentenced for dui in 2013 and was sentenced twice on same charge violated probation that was terminated in TN

2013 I had DUI I plead guilty was sentenced and put on probation I violated probation for not going to probation and then was sentenced again and probation was terminated one yr later I caught a charge and was sentenced to 6 mo for vop that I was no longer on and was terminated court records have... View More

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answered on Feb 20, 2024

Why did your lawyer not move to dismiss the redundant conviction? Whether the convictions were in General Sessions or Criminal Court has some bearing on how to address it. But apparently you did nothing but go to jail. You might correct the record now and expunge the nonexistent conviction,... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does title company have right to ask for social security # and copy of deceased spouse & my will re land offer?

Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More

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answered on Feb 19, 2024

The SSN will get a reported capital gain to the IRS. The other items requested have to do with proving your source of title. If you do not wish to comply with them, ask for another title company or title insurance company to handle your transaction. Your potential will has no bearing on this... View More

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2 Answers | Asked in Real Estate Law, Tax Law and Business Law on
Q: My husbands friend wants to give him a big shop but has not bought the shop yet. This friend will use the shop to run

His Tow Truck business. So what is a list of liability, taxes and other legal issues my husband will need to consider first before letting the friend put his name as owner?? My husband will have nothing to do with the business.

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answered on Feb 19, 2024

You husband is potentially liable for all torts caused by or taxes incurred by the towing business. Unless he gets paid alot, he probably should not get involved with such a one sided business where one partner gets all the cash and the landowner partner gets all the liabilities.

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1 Answer | Asked in Real Estate Law for West Virginia on
Q: Aunt willed land to family member. Then she changed it.. but he already put a double wide on that land. Can he leave
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answered on Feb 19, 2024

Will has no effect until testatrix dies and her will is filed for Probate. It can be changed or destroyed anytime before her death. Apparently family member improved her land as a gift. Hopefully he can remove it still.

1 Answer | Asked in Real Estate Law on
Q: Why should you pay transfer and bond cost to a agent jjust to remove someone u used to get the deal done

I bought a house and paid all cost now to remove someone andadd my wife imust pay again

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answered on Feb 19, 2024

Not sure of your question...But it appears that you got a deed, which is a title transfer. However

the property is apparently occupied by someone else. Grantee takes title subject to any rights of possession. Your grantor may have breached a title covenant in the deed. It will be...
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2 Answers | Asked in Criminal Law, Banking and Communications Law for Tennessee on
Q: I recieved a check from the neca local union no 313 ibew. The bank is trying to tell me that I altered it. What do I do

I tried to look info up on chk and it sent me to your website. I also received a text message about it. I'm so confused

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answered on Feb 19, 2024

You will need to ask the union to reissue another check in exchange for the allegedly faulty one. Or deposit it into another bank. But first be sure you have not done anything wrong. You may need to consult with an attorney as apparently your bank is wanting to prosecute you, and any forgery... View More

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1 Answer | Asked in Real Estate Law for Georgia on
Q: We live on a “private rd” although the county has given it a name. At the end of the rd are a few homes. One of the home

Has renters and are operating a daycare. The traffic has gotten crazy. Problem is they are destroying the dirt road and no one will help with repairs, upkeep, etc. what are my options?

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answered on Feb 16, 2024

I assume your road is actually a joint permanent use easement. If so, then a title search may disclose maintenance duties. If just an easement by implication or otherwise, then there are probably no defined restrictions. Then at best, you would need a GA attorney to sue for property damages, of... View More

2 Answers | Asked in Estate Planning, International Law and Internet Law on
Q: I'm from South Africa and need a court order for Google to access to my late father’s Gmail account. What’s needed?

My late father is also based in South Africa, how long will it take to obtain this order

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answered on Feb 15, 2024

More than likely they are wanting a Probate Order for a fiduciary to marshal up digital assets of the Estate. This may not be exactly what they want, but should be close. They are not going to give property to just anyone. In the USA that would be Letters Testamentary or Letters of... View More

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3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

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answered on Feb 15, 2024

You are probably junior to the foreclosing secured debt. You can bid at the sale to protect your interest. But a sale without a surplus means your lien against the land is extinguished although the debt against the individual is still existent. If there is a surplus, trustees are notorious... View More

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Is it my responsibility to confront a neighbor about water from their property flooding my property?

I’ve had water pooling in my yard since early September 2023. I contacted my borough manager and was advised to contact the water company. They were here twice and found no leaks in their system. The borough then referred me to the engineering firm contracted by the borough. No help. Repeated... View More

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answered on Feb 14, 2024

If you are the property owner adversely affected by the property tort damage coming from an adjacent property, then it is your right to sue for the damages. It will not be a simple suit. You will need at least a contractor, probably an engineer, and of course, a PA attorney. SOL's can run... View More

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