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Questions Answered by Anthony M. Avery
2 Answers | Asked in Real Estate Law for South Carolina on
Q: My mom & dad are deceased the deed to the home was in both their names. There are 4 siblings and a half sibling. The

half sibling has always stayed in NYC. The rest of us are in SC. Me and my sister have been staying in this house practically all our lives, but dad didn't leave a will, but all my siblings know and have heard my dad say he wanted for me to have and take over the house. I'm disabled now... Read more »

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

Heirship needs to be determined. If the half sibling was not the issue of the surviving parent, then he is probably not an heir. An Affidavit of Heirship should be recorded. If no agreement for a Deed to one, then an Action for Partition should be filed as someone will have to pay taxes and... Read more »

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1 Answer | Asked in Real Estate Law for Alaska on
Q: how do I add my daughter name to our title.
Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

Hire a competent Alaska attorney to draft a Deed. You can have a life estate/remainder deed, tenants in common, joint tenancy with right of survivorship, or many other types of future interest deeds. It may need a title search besides just examining to last Deed.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: My husband passed in 2016. No children and his parents are deceased. How do I get my name in the deed.

The mortage company needs to confirm that I am the successor in order to modify our home loan. How do I get a deed in my name.

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

Your dead Husband cannot sign a Deed. Hire a competent attorney to search the title, determine heirship, and draft an Affidavit of Heirship. The Affiant will be someone who knew him and his Family. Record the Affidavit as your source of title.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: They served us eviction papers before the month was over l am 31 days late and have a court date tomorrow is this legal
Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

You were served prior to Court, so what is the problem? A continuance is possible, but it appears you have no defense to an Unlawful Detainer Warrant. I suggest you start looking for somewhere else to live, and not pay April's rent.

1 Answer | Asked in Divorce, Estate Planning and Family Law for Tennessee on
Q: I've been divorced many years but have never recieved my half of assets that were in judgement.

I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?

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

Hopefully you also had a Qualified Domestic Relations Order in addition to your Divorce Decree. Without it there is probably little hope of ever receiving anything from a Retirement Plan. Annuities are a whole separate problem as you have to sue each administrator/trustee in whatever State... Read more »

1 Answer | Asked in Real Estate Law on
Q: Simple property question.

Nick runs a business out of a strip mall. One day, Nick's landlord comes to the business and shows Nick their lease agreement. In the agreement it says that the landlord can evict Nick with one days notice. Then, the landlord says, "So get out by the end of the day tomorrow.”... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

Irregardless of the written lease provisions, the parties are subject to the State Statutes for Unlawful Detainers/Evictions. The Court System takes a little while to restore possession to the owner/landlord after the suit's filing, service, hearing, awarding judgment and issuance of... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can a county consider your property a mobile home park if you have 2 or mobile homes on it
Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

It is possible. But what is the current zoning? And has there been any applications for multi-party, or at least large, septic systems? The Tax Assessor may be wanting to assess some Special Interests, where there is still one tax parcel, but several sub-parcels are apportioned for taxes.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: My mother owned land with her sibling but she passed don't her sharw go to us her children

My aunt own land in toshingo ms but its my moms an uncles as well she paased an i uave a feeling my aunt is fu kin me my sister an brother on our mothers share she sells trees off the land and i nees to know what to do to make this rite

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

You will need a MS lawyer to do a title search in MS to determine who owns it. An Affidavit of Heirship will probably be in order. If the Aunt is a tenant in common, then she can sell the timber. The Tenants In Common may need to file an Action for Partition, and also claim contribution from... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: I worked in KY but live in TN & owner of business lives in TN. I was not paid. What state do I file complaint in?

I worked for a pharmacy in Ky and was not paid for hours worked or reimbursed for expenses like mileage and hotel bills that were agreed to be paid by owner. I live in TN and the owner lives in TN, but the business is incorporated. What state do I file a complaint in as far as small claims court?

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

Kentucky is the venue of the contract and its breach, so I would file there first. If successful, it will be a foreign judgment which must be used in TN to collect. If you file in General Sessions here, defendant will claim no jurisdiction.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I live with my sister and her boyfriend also slit the rent for 5 months now. Can she throw me out. I get mail there.
Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

The owner, landlord or possibly even the tenant, can file an Unlawful Detainer Action against you. It will take just over a month to remove you from possession.

2 Answers | Asked in Real Estate Law, Legal Malpractice and Patents (Intellectual Property) for Louisiana on
Q: If I purchased a house for me and my deceased wife can her children take me to court and take my house
Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

You will need a title search to determine who owns the property. However it does sound like the heirs of your deceased Wife own probably two/thirds of whatever her interest was. But then you may own the fee. If there are tenants in common, then any can file an Action for Partition. Hire a... Read more »

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3 Answers | Asked in Bankruptcy, Small Claims and Banking for Tennessee on
Q: what happens if i don’t pay off my collection/charge off debt?

there’s 3 different charges, one going back 3 years. i heard that they go away after “7 years off being on your credit report.”

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

The Creditor can sue upon the debt within 6 or10 years of the last payment on each of the 3 debts. The SOL's depend on whether it was a demand or installment obligation.

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2 Answers | Asked in Appeals / Appellate Law and Civil Rights for Tennessee on
Q: Is there a statue of limitation on appealing procedure subject matter jurisdiction?

options on appealing subject matters jurisdictiion.

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

Lack of Subject Matter Jurisdiction can be raised just about anytime, unlike almost any other legal issue. But If you sit on your rights, you will lose. Find a competent lawyer to file the appeal or Rule 60 Motion.

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1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I was cited in Tennessee for OPERATOR TO USE REASONABLE CARE. I was given the option to plea guilty or no contest.

I was changing lanes and didn't realize the car in front of me came to a complete stop. I ended up rear-ending her. Both cars totaled. Neither one of us was injured. I am given the option to pay fine online. Should I plea no contest or guilty? I am also supposed to check waive right to a... Read more »

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

Either plea means you are guilty of the Rule of the Road Violation. That means negligence per se when you are sued for causing damages to the car you hit. If you have insurance, call them and ask for advice. If you try it, you will lose anyway. It will be alot better if your insurance... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: We have recently located and purchased a home in Dayton Tn the two previous owners had the home with an ajacent lot the

2nd owner sold the property with the house and sold the lot next door to another person come to find out the fence that seperates the two properties part is on the next door lot and now the new owner has made us aware and to move the fence we thought we purchased a house with a fence and now we are... Read more »

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

It sounds like you did not check the title and/or needed a survey prior to purchase. Two title searches must be performed on the adjoining properties. Possibly a boundary line survey and/or boundary line agreement is needed. Hopefully suit for a Boundary Dispute can be avoided, but both... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do you need a jury trial or bench hearing for easement issue
Anthony M. Avery
Anthony M. Avery answered on Feb 25, 2021

Either party can initially demand a jury. However most Declaratory Judgment/Injunction Actions involving Easements in Tennessee are usually before the Chancery Courts without a jury. In Chancery, jury trials are sometimes held with the jury determining special factual issues. There are... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: I have a question about my fathers estate. He passed away last November and I am his oldest child.
Anthony M. Avery
Anthony M. Avery answered on Feb 25, 2021

What is your question? Pertinent facts involve: surviving spouse, children or deceased children; what kinds of properties and debts are involved; and did the Decedent have a Will? Without a Probated Will, the Heirs At Law own his real property, and the Next Of Kin own his personal property.... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: What if I got a DUI for .5 oxycodone in my system, do I still have to get the Interlock? And I'm not longer in Probation

But still have Fines to pay. I don't have a vehicle but plan to get one soon and get my license reinstated.

Anthony M. Avery
Anthony M. Avery answered on Feb 25, 2021

If you were convicted of DUI, usually the only way to get a TNDL until the entire Sentence is completed and paid, is to apply for the Interlock Device. If you do not have an attorney, then you might ask the Court Clerk to assist you in applying for the Judge's Order. Then you have to... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: If my probation officer continually threatens me and calls me stupid do i have to listen
Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2021

You need to post this question in Indiana, not Tennessee. But usually you have to do what the Probation Officers say regardless, or they will violate you... And you are the one that goes to Jail or Prison. They may assign you another PO in time, but do not complain now.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend was arrested on Aggravated Domestic Assault against me. If I skip court will he be released from jail?

My boyfriend of 9 months was arrested and I am the alleged victim. We were fighting that night but I didn'tcall the police. My mom called them after I called her for a ride. She hates my bf. I was on the balcony fuming after our fight and he says when I stood on the side of the chair looking... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2021

It will not be that easy for the charges to be dropped. And they are very serious. He needs a competent attorney today, and you do not need to communicate with him in any way. You may need your own attorney if you are not careful. Without proof the State's Case will be dismissed. But... Read more »

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