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Questions Answered by Anthony M. Avery
2 Answers | Asked in Real Estate Law for California on
Q: I bought my home in Dec 2014 in California and I just found that my previous owner has an HELOC against this property.

She died a few months ago. One day I saw a notice pasted on my property one day from a company hirded by prior owner's lender and I called them to inform that this home was sold by her. I have Title insurance on this property. My question is will I be liable for non-payment of this HELOC loan?... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 31, 2023

My recommendation is to hire a CA attorney that handles real property litigation. He should search the title, read your policy, and make a very precise Claim against the insurance co. The Note is not your obligation as you did not sign it, but apparently there is a secured debt against the... Read more »

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1 Answer | Asked in Real Estate Law and Probate on
Q: Property inheritance title discrepancy.

My mother inherited land from her husband's passing away in 2017. However when she attempted to sell some of the land, the purchasing party had a tile attorney who claimed that there is a title discrepancy. My mother has court records dated May 28, 2020 that indicate that she is SOLE OWNER of... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 31, 2023

Hire a local LA attorney to search that Title. That Court Decree may not have had a certified copy placed in the records office in LA as a source of title. Whatever the case, you need a LA attorney to advise you/Mother: it may involve: heirship determination, which I think is called... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: What is the Statute of limitation for DUI in Tennessee?

I was arrested for DUI in November of 2019, and have yet to be convicted. The case keeps getting reset due to Covid and other issues within the court. It’s now been almost 4 years since my arrest. Does this count as being past the 1 year statute of limitations?

Anthony M. Avery
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Anthony M. Avery
answered on May 31, 2023

If the warrant was issued within 1 year of the incident, then it is timely initiated. Your lawyer could make a speedy trial motion, but it might just get you convicted sooner. Talk to your lawyer.

2 Answers | Asked in Real Estate Law and Insurance Bad Faith for Tennessee on
Q: My house burned it is a total loss . My Ins policy is up for renewal today. Is there any reason why I should renew this.

Policy shouldn’t I just get a liability policy for the land?

Anthony M. Avery
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Anthony M. Avery
answered on May 31, 2023

You should have already hired an attorney and/or a Public Adjustor to help you with filing the Claim. Have you made a Claim yet? Paying another policy premium is the least of your worries, and nonpayment may deny coverage. Hire some competent professionals to advise you as there are far too... Read more »

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1 Answer | Asked in Estate Planning on
Q: Is there a type of trust after pass to distribute my estate over the lifetime of my children and after to grandchildren?

I'm retired Is there a type of trust (estate, family, exec) that I can put all my real estate holdings, income generated from those properties, dividends received from my company (I still own a % in form of stock and receive quarterly) and various other income generating assets. I would... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 26, 2023

There are all kinds of Trusts. The most important issue is who the Trustee is, and who will be the Successor Trustees. I do not recommend putting everything into one Trust, which many Estate Planners will do. Real Property can be placed in a Trust, or better, a future interests Deed can... Read more »

1 Answer | Asked in Agricultural Law and Land Use & Zoning for Tennessee on
Q: I own a farm inside of a city. They have changed the zoning from agriculture to residential without my knowledge.

I still farm the land and the city says i can not build a new barn. Can they rezone my land?

Anthony M. Avery
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Anthony M. Avery
answered on May 25, 2023

You should have been notified of the zoning change. A zoning request might have to made with Williamson County after you examine your local zoning ordinances and procedures. Otherwise hire an attorney to file difficult Declaratory Judgment or Writ of Certiorari suits in Chancery. Owning farms... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: My step father died in Puerto Rico. He & my Mom are registered owners of their property. But he left a Will leaving the

property to his 2 daughters. Does the Will negate my mother’s ownership of the property even if she is the property deed?

Anthony M. Avery
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Anthony M. Avery
answered on May 25, 2023

You will want a PR attorney to search that Title and determine ownership. If Mother is a grantee on an enforceable Deed, then the property is probably hers since Testator died without owning something to devise. The Deed must be examined, and that grantee/owner must pay taxes, insurance and... Read more »

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How much can I ask for after only 2 years of marriage to relocate. I have no money.

After 2 years of marriage, my husband wants a divorce. I have no money. Husband has about 300,000 in assets.

I want to make a small reasonable request so I can have money to rent me somewhere to live. I live in TN.

Anthony M. Avery
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Anthony M. Avery
answered on May 23, 2023

That short marriage does not give you an interest in his separate properties. Instead you should have your lawyer demand what you need to transition for the next five years, and not agree to an ID divorce until you get what you want. Without an agreement, he will have to prove grounds for the... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Business Formation and White Collar Crime for Tennessee on
Q: I am founder of a new nonprofit in TN. I have felony from 2013 (UE).repaid all monies, no other criminal record.

Can I be an officer/manger on my board if I have felon from another state? I had an over payment for unemployment of 11,033.38 (including a $5,000 fine) ALL of which I REPAID in full. the nonprofit that I am starting is a community building project teaching beginning farmers from low income and... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 23, 2023

I am not aware of any disability from running a TN non-profit entity. If you already formed it, then apparently the TN Secretary of State has no problem. Since it is from another State, noone here may know about it at this time, and who would want to remove you anyway? You might look into... Read more »

1 Answer | Asked in Stockbroker Fraud for Tennessee on
Q: How do you sue this company, Pan Chain Inc through Stockwhits to get back investment funds $13558 and profit $49555?

I invested into this scam between 07/2022 and 04/2023 and they refuse to return my initial investment funds of $13558. I was advised to pay $2000 for a withdrawal certificate to make a withdrawal then when it tried to withdraw my funds, I was told I had to pay more money to withdraw my funds. No... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 22, 2023

You need an attorney to examine whatever contract, checks, wire transfers, statements, or other documents exist and see what you may be able to do. Jurisdiction may be a serious problem, requiring an attorney to file a Federal or State Suit in a faraway place. It appears that you do not... Read more »

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can a debt be validated after wages have been garnished?

I was making payments on an old account with the courts but missed several payments. Now my wages have been garnished but the amount owed has tripled due to prejudgment interest. Is that legal?

Anthony M. Avery
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Anthony M. Avery
answered on May 18, 2023

You can ask the Court Clerk to explain the Judgment amount to you. But it will legally grow exponentially with time. Read whatever contract you had with Creditor, and if none, read the Judgment. BR is a possible option, and be careful with your assets. A Notice of Exempt Property might be... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Az property valuation affidavit. price of ac $18,000 if means of financing is marked barter or exchange what next

98 promissory note signed for two acres.

2001 mother sold one acre back to owner who financed us. $41000 both acres 2001 modification to promissory note states new loan amount 25000 also note states we returned one acre releasing it back. I never signed anything agreeing to this agreement... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 15, 2023

You are going to have to hire an AZ attorney that does real property litigation, not a title co. The Title needs to be searched, and if possible the original instruments need to be examined. Despite your disputes, the Notes and taxes must be kept current during litigation. Otherwise the... Read more »

2 Answers | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: Is my mother or are my two brothers and I entitled to part of insurance money if deceased father was a co-beneficiary?.

My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 12, 2023

Insurance Carrier is not required to notify anyone. If Father's Will was probated, then the Mother should have received 1/3 as beneficiary of the Estate of one of the designated beneficiaries. She needs to file a claim with the insurance co., which I suggest be done by an attorney. If no... Read more »

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1 Answer | Asked in Real Estate Law and Banking on
Q: If a bank fails to foreclose on an unpaid mgt after 10 yrs in Tennessee am I free and clear to sell the property?

Vacant land.

Anthony M. Avery
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Anthony M. Avery
answered on May 11, 2023

No, unless you can sell by Quit Claim Deed. The Deed of Trust is probably recorded and will be a Lien in a title search. The SOL on the underlying Note probably needs a few more years as it runs from the last payment made. You might be able to clear the Title with a Quiet Title Action, but... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My father died in a Knoxville nursing home Aug. 2021. He owned no assets and a Will. Can I file Small Estate Affidavit?

Clerk told me since I have his Will and I'm named as Executor that I have to file for full Probate Administration. I have researched TCA 30-4-103, and in my opinion, a Small Estate should suffice. I am a lawyer, but not licensed. I have an appointment with Chancery Court to file next Monday... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 11, 2023

Small Estate Affidavits are for $50K or less of personal property. If no assets, why file Probate, especially in Knox County? If any other County has jurisdiction, go there if the Estate must be Probated. With Knox County, you will not want to Probate unless it is necessary. And if the... Read more »

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can an attorney help me get a mortgage lien removed from my home that was paid off 25 years ago but never satisfied
Anthony M. Avery
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Anthony M. Avery
answered on May 10, 2023

Hire a PA attorney to file a Quiet Title action. You must prove that the Note was paid in full. It can be difficult to serve old lender/noteholders, so publication notice may be necessary. When you win, you must draft a precise proposed Judgment, which you will record a certified copy... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Georgia on
Q: Giving half ownership to in-law. They are living in half of house we are in the other half. We want some additional term

We want additional terms for inheritance for kids. Also how to make everything legal and pay any taxes.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 9, 2023

That will be a Future Interests Deed, which requires a very competent GA attorney to draft an enforceable conveyance. It could also be accomplished through a Trust with Future Interest terms. It will be important to declare who will take the property if the conditions are breached. You will... Read more »

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Are deed and/or survey required for someone to sell land in Kentucky?

Or in another way, can a seller be required to provide proof of land area and ownership prior to finalizing a sale agreement? I am looking to purchase and have found a property I like but the seller is claiming they have no paperwork, deed, or survey and that I have to finance a survey or purchase... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 8, 2023

If you really want to purchase that tract, then: hire an attorney; survey the tract; have the attorney determine heirship and who has paid taxes; have attorney create a legal description from survey and a derivation of title clause, in preparation of the Deed; get Deed executed by all... Read more »

1 Answer | Asked in Probate for Washington on
Q: The executor of an estate is stating that the beneficiary of an annuity is not who it states on the annuity what can Ido
Anthony M. Avery
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Anthony M. Avery
answered on May 4, 2023

The named beneficiary of the annuity death benefit needs to make a claim with the insurance co. directly. Usually annuities are not estate assets but an estate fiduciary will administer them as additional duties since they have letters. If no results quickly,then sue the ins. co. for the money... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: I was awarded judgment in a case in Chattanooga TN but it needs to be moved to Wisconsin courts who do I contact

Company has not offered to pay and lawyer has not offered to collect. It’s my wages for 1 year

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 3, 2023

If you have a money Judgment from a TN Court which is final on appeal , then hire a TN collection attorney to collect. It will not be easy unless you can garnish a local Hamilton Co. Bank Account. You may need a WI collection attorney to register the judgment then garnish/execute. It may take... Read more »

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