Questions Answered by Anthony Marvin Avery
Q: What do i need to do if my dad live me a lot of property and i can't handle all the property by myself?
1 Answer
| Asked
in
Family Law and Appeals / Appellate Law
for
Tennessee
on
Answered on Apr 18, 2019
Answered on Apr 18, 2019
Anthony Marvin Avery's answer
Not sure of your question. But if there are several acres, then you can easily deed undivided interests as tenants in common to your next of kin, or you may be able to actually divide it up into separate tracts which you deed to individual relatives. The important thing is that property taxes must be paid, and transfer and/or gift taxes can be burdensome. Life Estate/Remainder Deeds may be very helpful here. Certain family members can handle farming/timber contracts for the rest of the...
Not sure of your question. But if there are several acres, then you can easily deed undivided interests as tenants in common to your next of kin, or you may be able to actually divide it up into separate tracts which you deed to individual relatives. The important thing is that property taxes must be paid, and transfer and/or gift taxes can be burdensome. Life Estate/Remainder Deeds may be very helpful here. Certain family members can handle farming/timber contracts for the rest of the...
Q: He was deemed mental defect to TN NCIS when he was committed. No court case. Now wants to get a gun, how to clear record
Anthony Marvin Avery's answer
He must file an action where the District Attorney General defends the State's position. It will be difficult but if he does nothing (and within a short period from the NCIS Denial), this will haunt him for the rest of his life. He may not be prohibited from having a firearm but cannot pass the Check, which is not the same thing. He should hire a competent attorney to file the Declaratory Action.
He must file an action where the District Attorney General defends the State's position. It will be difficult but if he does nothing (and within a short period from the NCIS Denial), this will haunt him for the rest of his life. He may not be prohibited from having a firearm but cannot pass the Check, which is not the same thing. He should hire a competent attorney to file the Declaratory Action.
Q: New Car Dealer increased the price of the car by $ 14,387 and removed the sticker before negotiations were completed.
Anthony Marvin Avery's answer
I doubt you have any type of legal remedy. You might hire a lawyer to sue to Rescind the Purchase, but continuing to use the car will defeat your possible case. It appears that you ultimately agreed to the price, unless you did not sign a Bill of Sale, or a Note and Financing Agreement.
I doubt you have any type of legal remedy. You might hire a lawyer to sue to Rescind the Purchase, but continuing to use the car will defeat your possible case. It appears that you ultimately agreed to the price, unless you did not sign a Bill of Sale, or a Note and Financing Agreement.
Q: I received a speeding ticket by mail from a red light photo in bluff city, Tn. What happens if I don’t pay?
Anthony Marvin Avery's answer
It is not a criminal offense, cannot add points to your MVR and cannot be reported to a credit bureau for non payment. The city can sue you and take collection methods against you.
It is not a criminal offense, cannot add points to your MVR and cannot be reported to a credit bureau for non payment. The city can sue you and take collection methods against you.
Q: What is the law regarding the return of housing security deposits in Tennessee for rural areas?
Anthony Marvin Avery's answer
All you can do is sue for the Security Deposit back as a Breach of Contract. If you had a written Lease, it may have had a term dealing with the same. You could sue the Owner pro se in Sessions Court, but it would be better with an attorney. If the amount is under $700, you might not want to worry with it.
All you can do is sue for the Security Deposit back as a Breach of Contract. If you had a written Lease, it may have had a term dealing with the same. You could sue the Owner pro se in Sessions Court, but it would be better with an attorney. If the amount is under $700, you might not want to worry with it.
Q: My husband & his sister as tenants in common of their parents property. He died 12/2018. We want to sell I am his heir.
Anthony Marvin Avery's answer
You are probably only a Tenant In Common with your Children as Heirs at Law of your Husband's real property. If the Will is not Probated it means nothing. By the end of May it will be difficult for anyone to go against his interest in the real property. You and your Family may wish to request a Partition Sale if you cannot agree. If the Buyer does not want the property, find another Buyer and/or Title Company. It would be best to sell it in 2020 where virtually no creditor could come...
You are probably only a Tenant In Common with your Children as Heirs at Law of your Husband's real property. If the Will is not Probated it means nothing. By the end of May it will be difficult for anyone to go against his interest in the real property. You and your Family may wish to request a Partition Sale if you cannot agree. If the Buyer does not want the property, find another Buyer and/or Title Company. It would be best to sell it in 2020 where virtually no creditor could come...
Q: Is a real estate license required to wholesale real estate in Knoxville, Tennessee?
Anthony Marvin Avery's answer
Assigning a Contract is not a conveyance by Deed. So I would think you are charging a large commission. Some realtor may try to charge you with a crime. Also whoever you do business with may get nothing for their money or get mad and call the cops on you. At best it is dubious and could get you sued. My recommendation is get a License as it is not that difficult.
Assigning a Contract is not a conveyance by Deed. So I would think you are charging a large commission. Some realtor may try to charge you with a crime. Also whoever you do business with may get nothing for their money or get mad and call the cops on you. At best it is dubious and could get you sued. My recommendation is get a License as it is not that difficult.
Q: What should i do or what is recommended?
Anthony Marvin Avery's answer
You must continue to make payments or the Lender will get relief from the Stay and repossess the collateral. Find out what type of payments your Sister's Plan proposes, and this will determine what you pay each month after the Plan is confirmed. But until the Plan is confirmed, no payments by the Trustee will be made.
You must continue to make payments or the Lender will get relief from the Stay and repossess the collateral. Find out what type of payments your Sister's Plan proposes, and this will determine what you pay each month after the Plan is confirmed. But until the Plan is confirmed, no payments by the Trustee will be made.
Q: Girlfriend 6 years both on deed of house in Tennessee. Bought at 60k. She is dying. Her children want money
Anthony Marvin Avery's answer
Not sure of your question. But boyfriend can stop making payments on the Deed of Trust and let the other Owner's Kids make payments. If she dies he is the Surviving Tenant By The Entirety, subject to the Deed of Trust. If he predeceases her, then she takes title fee simple, subject to Note and TD. If Note is not paid, Foreclosure will occur an d Detainer will remove both from house. He could also offer to sell his interest for a price, then kids take his Survivorship Interest subject to the...
Not sure of your question. But boyfriend can stop making payments on the Deed of Trust and let the other Owner's Kids make payments. If she dies he is the Surviving Tenant By The Entirety, subject to the Deed of Trust. If he predeceases her, then she takes title fee simple, subject to Note and TD. If Note is not paid, Foreclosure will occur an d Detainer will remove both from house. He could also offer to sell his interest for a price, then kids take his Survivorship Interest subject to the...
Q: My son is 27 child support has been getting paid out of pay check but they still take my income tax return.
Anthony Marvin Avery's answer
Child Support bureaucrats will always claim you are behind. But you should not be generating Tax Refunds. Claim at least 1 if not 2 Exemptions on your W4. You lawyer should have told you this a long time ago. Tax Refunds are bad almost always.
Child Support bureaucrats will always claim you are behind. But you should not be generating Tax Refunds. Claim at least 1 if not 2 Exemptions on your W4. You lawyer should have told you this a long time ago. Tax Refunds are bad almost always.
Q: Under 1 year lease landlord sells house new owner wants to dishonor lease completely and increase rent
Anthony Marvin Avery's answer
If you want you can continue in possession any pay the current rental. However the Owner my file a Detainer Warrant to run you out. You would use the current Lease as your defense. However you need to find a new place to live, as the new Owner may come into your home, cut utilities, etc.
If you want you can continue in possession any pay the current rental. However the Owner my file a Detainer Warrant to run you out. You would use the current Lease as your defense. However you need to find a new place to live, as the new Owner may come into your home, cut utilities, etc.
Q: I am confused on excessive force and unlawful search and seizure how does it constitute response to resistance only?
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Criminal Law and Federal Crimes
for
Tennessee
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
You may have a Government Tort Liability Action against the City/County and the Law Enforcement Agency. Contact a competent attorney to file suit, which is not a Jury Trial. However you may not have enough damages nor evidence. You have less than 1 year to build your Case and find an attorney.
You may have a Government Tort Liability Action against the City/County and the Law Enforcement Agency. Contact a competent attorney to file suit, which is not a Jury Trial. However you may not have enough damages nor evidence. You have less than 1 year to build your Case and find an attorney.
Q: Being sued by previous car lender, with issues.
1 Answer
| Asked
in
Bankruptcy, Consumer Law, Collections and Probate
for
Tennessee
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any Bank Accounts.
The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any Bank Accounts.
Q: How can I get my sister to move out my house. She has been staying with me for almost four years she doesn't pay any
Anthony Marvin Avery's answer
Unfortunately you must file a Detainer Warrant against her in General Sessions Court. She can be served personally or it can be posted on the door. You are trying to get a Judgment for Possession, not rent. If she does not leave after 10 days, you must request the Court issue a Writ of Possession. It would be better to hire an attorney to do this. Do not get into an argument, but ignore her. Otherwise she will throw you in jail and have leverage. You must file this now or you may have a...
Unfortunately you must file a Detainer Warrant against her in General Sessions Court. She can be served personally or it can be posted on the door. You are trying to get a Judgment for Possession, not rent. If she does not leave after 10 days, you must request the Court issue a Writ of Possession. It would be better to hire an attorney to do this. Do not get into an argument, but ignore her. Otherwise she will throw you in jail and have leverage. You must file this now or you may have a...
Q: Can an executive evict a heir of the estate who has been living there 16 years While it's in probate?
Anthony Marvin Avery's answer
Your Father is not in a good position. Apparently there is a Will in Probate, so he may not be an Heir-At-Law. In fact it may be the Executor's Duty to sell the real property and distribute the proceeds, so you must read the Probated Will. He could possibly file a Claim Against the Estate, but this would be a very weak suit. If a Detainer Warrant is filed, he should assert the SOL, but he does not want to be in contempt of the Probate Court. A Title Search may disclose it was not the...
Your Father is not in a good position. Apparently there is a Will in Probate, so he may not be an Heir-At-Law. In fact it may be the Executor's Duty to sell the real property and distribute the proceeds, so you must read the Probated Will. He could possibly file a Claim Against the Estate, but this would be a very weak suit. If a Detainer Warrant is filed, he should assert the SOL, but he does not want to be in contempt of the Probate Court. A Title Search may disclose it was not the...
Q: If I had a court date an wasn't able to make it cause I was in the hospital but the court was notified in time
Anthony Marvin Avery's answer
Even if you die, missing Court is not okay, and that is the way it is. Hire a competent attorney to set aside the probable Default Judgment, and set it for a firm Trial Date. Your time is very limited, so do it Monday. Get prepared for Court and actually try your Case, with no excuses.
Even if you die, missing Court is not okay, and that is the way it is. Hire a competent attorney to set aside the probable Default Judgment, and set it for a firm Trial Date. Your time is very limited, so do it Monday. Get prepared for Court and actually try your Case, with no excuses.
Q: Can your arresting officer contact your employer and inform them of your arrest and reason for arrest?
1 Answer
| Asked
in
Employment Law, Personal Injury, Criminal Law and Traffic Tickets
for
Tennessee
on
Answered on Apr 12, 2019
Answered on Apr 12, 2019
Anthony Marvin Avery's answer
Yes, most certainly. If the Officer lies then slander may occur on possibly a personal level, as well as by the Department.
Yes, most certainly. If the Officer lies then slander may occur on possibly a personal level, as well as by the Department.
Q: After signing closing papers on a home. The seller was told to write a check to the new owner for repairs? WHY?
Anthony Marvin Avery's answer
You better read the Sales Con tract, which is the place where the purchase price and any setoffs should be listed. There may be realtor fraud. Also read any and all closing documents such as the Settlement Statement with all the money figures. It does not appear that you all have any idea what went on. Then hire a competent attorney to possibly sue. Then again the Seller may have agreed to all of this.
You better read the Sales Con tract, which is the place where the purchase price and any setoffs should be listed. There may be realtor fraud. Also read any and all closing documents such as the Settlement Statement with all the money figures. It does not appear that you all have any idea what went on. Then hire a competent attorney to possibly sue. Then again the Seller may have agreed to all of this.
Q: Divorce case circa 1987, wherein one spouse has writ he is entitled to 40% of sale price for home in Huntsville, AL.
Anthony Marvin Avery's answer
Not sure of your question, and you have not stated enough facts. However it is very unlikely that a Tennessee Judgment has subject manner jurisdiction over anything to do with real property in Alabama.
The exception would occur on ancillary jurisdiction of a will probated in Tennessee. There are many such divorce decrees attempting to order the disposition of real property in other states, but such terms are void for lack of subject matter jurisdiction.
Not sure of your question, and you have not stated enough facts. However it is very unlikely that a Tennessee Judgment has subject manner jurisdiction over anything to do with real property in Alabama.
The exception would occur on ancillary jurisdiction of a will probated in Tennessee. There are many such divorce decrees attempting to order the disposition of real property in other states, but such terms are void for lack of subject matter jurisdiction.
Q: Can a dog catcher have me arrested if my dog bit someone in my yard and I don't want to give him my id for a cition?
Anthony Marvin Avery's answer
The Officer could have taken you to Jail to start with. The Citation is given as a Summons to Court. But if you refuse the Citation, you can be arrested instead. It would have been better to take up your Case in Court, but now you may have several more Animal Charges brought against you. Be prepared to post Bond and hire a competent attorney, and find a Witness to the Dogs not attacking anyone.
The Officer could have taken you to Jail to start with. The Citation is given as a Summons to Court. But if you refuse the Citation, you can be arrested instead. It would have been better to take up your Case in Court, but now you may have several more Animal Charges brought against you. Be prepared to post Bond and hire a competent attorney, and find a Witness to the Dogs not attacking anyone.
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