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Questions Answered by Anthony M. Avery
1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My dad died with personal loan in his name only. Is his wife liable to repay? All assets (not much) were jt, no executor
Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Some necessities and medical bills can be asserted against the surviving Spouse. But if no Probate Administration, it will be difficult for the Creditor even find a Defendant to serve. If the Decedent had real property, a Judgment Lien could be a real problem.

1 Answer | Asked in Contracts for Tennessee on
Q: Signed a contract to buy property but unable to look for other properties. The original tenants are not moving out

Informed seller that we didnt want any tenants and notified realtors also. They are abligating to sign but the property is not available to move in. Seller will not amend this and will be incommunicado for 4 -6 weeks. We need to know what we can do.

Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Read your Contract verbatim. It may be worth the risk to walk away from it. Or you may want to purchase then file a Detainer Warrant. Consult with a competent attorney. The Grantee takes subject to the right of possession of the occupant, which may be a breach of warranty by the Grantor. But... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: What exactly is the title law 40 in Tn for first offense
Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Generally that deals with Sentencing, but includes hundreds of different Statutes.

1 Answer | Asked in Uncategorized for Tennessee on
Q: In what court system would a case concerning a mother and son and property be governed?
Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Your question is way too broad. From that it could be any State or Federal Court, including Criminal. It will need to be a little more specific.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Intestate estate, brother is the Administrator and lived with the deceased, who has no spouse or children.

There are a nephew and niece who had preceded their parents. They have been estranged for decades from the the brothers. Nephew wants his 1/4. Niece just had her accountant by email saying the niece "wants no communication with the entire family. "I emailed back saying I asked the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2021

It sounds like an Action for a Sale For Partition is in order. Once Heirship is determined, one or more Heirs should file the Action against the others. Hire a competent PA attorney that knows real property litigation. Hopefully the lawyer can be paid through sale proceeds. In this case,... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I was recently arrested for domestic assault after pulling my boyfriends beard.

Ooooooooopooo

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2021

Hire a competent attorney to represent you. That charge is worse than many Felonies. Do not make any more statements on a public forum or to LEOs. Do not contact the alleged Victim in any manner. Hopefully it will be Dismissed or Diverted, then

Expunged.

2 Answers | Asked in Probate for Pennsylvania on
Q: When I pass and leave house to my adult child can I put in will that my sig other can stay in house indefinitely?

My child lives elsewhere and my significant other has children

Anthony M. Avery
Anthony M. Avery answered on Oct 14, 2021

Hire a competent PA attorney to advise and draft a Deed. A simple Joint Life Estates/Remainder Deed might be appropriate here. Or a very good lawyer could specify Executory Interests, Conditions or even a Reverter, granting and habendum clauses. Remember the executed Deed takes effect now, not... Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can I add my adult child to my deed/title in anyway in TN without a quit claim deed?

I am a widow who is losing her vision and my adult child will help me stay in my home

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

There are basically three types of Deeds: Quit-Claim; Warranty; and Special Warranty Deeds. To create an estate for the child, there will need to be a Deed conveyance to him.

You do not just add someone. Life Estate/Remainder Deed should be considered. It would usually be a...
Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: All the deacons who signed the deed to the Church that I attend has passed away. Can we add other members to the deed?

I am the clerk of Zion Hill Baptist Church, located in Georgia. Back in February 2021, the pastor, who lives in Alabama, called the Superior Court clerk's office, in Ga., and asked that a copy of the deed be mailed to him in Alabama. There are only (2) living deacons left in our church, but... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

A Church Deacon is not an entity that can own real property. Trustees of the Church usually own it. Even if the present Deed uses that term for the grantees, it is incorrect.

The Church's Deacons can also be Trustees with legal ownership but for the equitable benefit of the Church...
Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: 9 days late on rent. No waiver clause in lease not sure what that means
Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

Not sure of your question. But it sounds like you have breached the Lease Contract by paying late, for which there may not be a late payment penalty or waiver of timely payments.

1 Answer | Asked in Probate for Tennessee on
Q: Can the home and land be probated and auctioned if the decease was in Bankruptcy Court at the time of death ?

I was served with a summons by my stepdaughter

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

Usually real property is not an Estate Asset. But this might be an Insolvent Estate. Deceased Petitioners can receive a Chapter 7 Discharge, which might help the Estate be free of Claims. If the property is valuable, you will need to hire a competent attorney to look into this as it is... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: How can you write an objection to a subpoena? Who do you turn it in to? Why does the GAL need all my personal records?

I was served a subpoena to produce all records and recordings of a child I have custody of and both of the child's parents.... including pictures, reports and video recordings. Both parents are working to get the child back. I'm keeping the child out of DCS custody until one or both... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

You can file a Motion to Quash the Subpoena Duces Tecum, but I seriously doubt Juvenile Court will listen to you. The Subpoena sounds broad but probably legally sufficient.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: can my cousin he's a lawyer defend a plaintiff in a case against me?
Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

That is not a per se ethical conflict. But if he has provided legal advice to you, then you want to ask him to recuse himself (and all information about you). I would be most worried about him using information he knows about you to collect a Judgment. The lawyer is treading on dangerous... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: I was served a civil summons brought by a debt collector, but there is no Complaint attached. How do I answer?

I was served a civil summons and given a time and date to appear before the civil sessions court to answer a civil action brought by a debt collector (small claims). However, there was no Complaint attached to the summons, only an affidavit saying how much the debt collector claims I owe. Is there... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 11, 2021

Answers are not usually filed in General Sessions Court. You go to Court and defend yourself. You are confused with Courts of Record. I recommend hiring an attorney to represent you to at least mitigate the Judgment amount, or even file a Notice of Exempt Property to forestall collection by... Read more »

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Legal steps to taking ownership of old family property

We have been taking care of old family property for 10+ years( taxes/upkeep) There are 4 brothers on the deed 3 are deceased. The one left wants us to put it in our name. What will need to be done to make that happen?

Anthony M. Avery
Anthony M. Avery answered on Oct 11, 2021

Hire a competent KY attorney to determine Heirship and draft an enforceable Deed for all Heirs to convey their interest to you. An Affidavit of Heirship should probably be

recorded as a source of title.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can I earn an easement by 46 years of believing, and using a 200 foot road though my neighbor? I have ROW,

My use of the 200 foot road involved all types of farm operations and required easy/safe access to the property. My deeded ROW opens directly to a major highway that is dangerous to all vehicles. My use of the 200 foot road has not been challenged in all these years. My neighbor wants to sell... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 11, 2021

You may need to hire an attorney to file a Declaratory Judgment Action to establish an Easement by Prescription. The new owner may cut you off. You will need to put together a list of Witnesses, and title searches of both properties will help.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I have a tenant who is currently moving out, and has refused to pay their last months rent. Is there anything I can do?

The tenant has stayed in one of my spare rooms, paying on a month to month basis. The tenant has stayed for 9 months.No written rental agreement was made, but a verbal agreement was made. The tenant is moving out currently, but refuses to pay for rent in September. Is there anything I can legally... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 11, 2021

You can file a Detainer Warrant for both Possession and Back Due Rent. You will probably get a Judgment, but you may not be able to collect it. It helps if you know where he works and banks.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My son was found in a vacant home that did have things in the home from my understanding it was uninhabited for several

U hibitated for several years he had no items on him at the time is this aggravated burglary

Anthony M. Avery
Anthony M. Avery answered on Oct 11, 2021

Hire a competent attorney. That may only be a Trespass as no Habitation involved. Felony Burglary is still possible though. He needs to prepare for a Preliminary Hearing.

1 Answer | Asked in Collections, Probate and Small Claims for South Carolina on
Q: A creditor was granted a judgement against myself as a former personal representative of my mother's closed estate.

How can I challenge the judgement I was never given notice for? I was never served any noticed from the creditor or received any mail. Just a judgement against me that was left on my mother's property taped to her door.

Anthony M. Avery
Anthony M. Avery answered on Oct 8, 2021

Immediately hire a competent SC attorney to file a Motion to Set Aside the Judgment for lack of Due Process, Untimely Claim Against the Estate, Rule 60, etc. in the Court that rendered the Judgment. Also notify your Surety if there is one, and check the Estate File at the Court carefully.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: How do i cllect life insurance from my dead brothe that had no will or beniferaries on life policy
Anthony M. Avery
Anthony M. Avery answered on Oct 8, 2021

You will need to hire an attorney to pursue the policy benefit. It may require a Probate or an Affidavit as who the Next of Kin are. Filing Suit for Breach of Contract and Bad Faith, with a Complaint to the Insurance Regulatory Agency for the State, may all be necessary.

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