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Questions Answered by Anthony M. Avery
1 Answer | Asked in Real Estate Law on
Q: I need to know if selling my share of land that consists of 6 owner to another person would cause any problems

the person wanted to buy the share has a garage on the land he is encroaching on it. He will get a share of the whole parcel. can this be changed.

Anthony M. Avery
Anthony M. Avery answered on Sep 25, 2020

You haver not stated what estate you own. Assuming you are tenant in common, then all six TIC's own undivided interests in the entire tract, not "shares". Selling to a third party is possible for any or all the tenants, and the buyer then takes what the former TIC had. The... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother's estate is ready for distribution yet my sibling will not allow it to proceed. What are my options?
Anthony M. Avery
Anthony M. Avery answered on Sep 25, 2020

You have not stated sufficient facts. However if the Estate is ready for Distribution to Beneficiaries, then you can make a Motion to Distribute, or even a Partial Distribution. You can also make a motion to remove the fiduciary administrator/executor. But you may not know all the facts of... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Three people purchased a home together. Two of three want use an agent to sell and third wants to sell by owner.

Does the third person need to agree to use the agent? This is a toxic living situation where all parties agree to go separate ways but one does not want to use a real estate agent.

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2020

If all tenants in common do not agree to sell property a certain way, then there is no sale. The possible sale price might make all three happy. But if no agreement, then any of them can file an Action for Partition. However the maximum sale price will probably not be realized by the Court.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Do I, as a beneficiary have the legal right in Tennessee to know how much the Power of Attorney was paid from the Estate
Anthony M. Avery
Anthony M. Avery answered on Sep 23, 2020

Not sure why an attorney in fact would be paid anything by an Estate. But you might start by looking at the Court File at Probate Court. It might list the claims or an accounting by the Administrator/Executor. Read the File verbatim. If it seems wrong, hire an attorney to examine the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Tennessee on
Q: Tennessee wants an original police report of a charge I sent a final disposition for from NY 10yrs+ ago for ccw permit

They want to verify that my misdemeanor charge isn't domestic assault or battery but it clearly States on the disposition that it isn't are they allowed because I feel like my rights for fire arms are being suppressed or neglected It's been more than the 60 days they say it takes I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2020

If necessary you will need to file an Action in General Sessions against the State. It is basically a Declaratory Judgment Action pursuant to Statute, and I believe you will need a competent attorney. This will need to be filed very soon.

1 Answer | Asked in Family Law for Tennessee on
Q: Im on the mortgage and my wife is on the deed with me. How to get my name off so she can keep the house. Her credit bad

We both agree to divorce. No kids together. She is in bankruptcy. She in Alabama and I’m moved to tn a yr ago

Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2020

Getting your name off the Mortgage/Deed of Trust and/or Note will not be easy. Possibly Wife can refinance it or sell the home. But both may be impossible with her BR, and she could discharge the debt leaving you solely liable on the Note if you signed it. If you are only on an Alabama Mortgage... Read more »

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Purchase a piece of property in Kentucky for and was in the process of selling it when title issues we discovered

I have title insurance. Title company admits to oversight. I made a claim. What is the company’s responsibility? Fear of losing buyer’s interest. I would never of bought property if I had known of issues

Anthony M. Avery
Anthony M. Avery answered on Sep 21, 2020

Title Insurance does not have many covered risks. Hire an attorney to clearly state your claim under the Policy. Usually if the risk is covered, the Title Insurance Company will attempt to cure the title defects, but rarely pays out any money to the insured. If the Claim is denied, you might... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Speeding 45 in a 30 by LEO traveling in opposite direction with cars in front of him- states radar verify. Dismissable?

The court printout of ticket has incorrect address, incorrect DL# and wrong court date. LEO states radar tracked me at 45 in a 30 going there opposite direction. Is there a chance that I can get this dismissed?

Anthony M. Avery
Anthony M. Avery answered on Sep 21, 2020

Check with Court Clerk about the exact Court Date. Go to Court and be respectful about telling either the Prosecutor or the Judge about the incorrect Citation. Hopefully you will receive a Diversion or a Dismissal.

Remember you are only allowed 11 points on your MVR for the last year,...
Read more »

1 Answer | Asked in Insurance Defense and Traffic Tickets for Tennessee on
Q: Can I receive a ticket and be charged for not having insurance if the initial stop was for a non moving violation

example: tail light was out

Anthony M. Avery
Anthony M. Avery answered on Sep 21, 2020

Absolutely... LEO's can execute a legal stop for any Rule of the Road Violation they witness. Then other Charges may follow.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: can i sale my property before lifetime tenant death if lifetime tenant doesn't uphold responsibilities

My mother is lifetime tenant after her death it goes to me

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

No, you can only sell your remainder interest.. This assumes that there is indeed a life estate/ remainder deed.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I got pulled over in a "school zone" that the flashing lights were off and i didn't know kids were present due to covid

and received a ticket but the officer didn't ask me to sign it on the paper or on an electronic device. Does that mean an automatic dismissal in court since i wasn't asked to sign? Thank you

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

No. That is only an acknowledgement of the Citation instead of Arrest. You will need to go to Court in a respectful manner. Be polite about the lack of signature.

2 Answers | Asked in Civil Litigation, DUI / DWI and Car Accidents for Tennessee on
Q: How do I remove a commercial vehicle from my insurance? I still have title in hand because buyer has not made payments.

We had a handshake agreement for buyer(long-time friend) to pay for a commercial van. 2009 Chevy, agreement was $3500, 500/month, never paid. He was supposed to transfer plates and insurance to his name but didn't, so it is still on our commercial insurance. We do not have contact with him or... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

You should be able to get DOS to issue a new title certificate in the purchaser's name. Ask your County Clerk first, then call Nashville. Once issued send a copy to your agent, and try to deliver the title to the owner. Also that is probably a lease with option to purchase transaction,... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can u obtain exigent ntry based on incident that resulted in a good samaritan law being invoked...3 weeks afterthe fact

Good samaritan law .could exigent entry be made saying defendant had past history of destroying evidendc3... 3weeks later

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

Not sure of your question... But the defendant's attorney may be able to file a Motion To Suppress Evidence obtained by an illegal search. It is difficult to prevail and he needs a competent attorney.

1 Answer | Asked in Civil Litigation and Probate for Tennessee on
Q: Can I challenge a will that was executed in 2001 during which time that I was incarcerated.I was released in 2018.

Brother was sole beneficiary among myself and 6 other siblings.feel will was coerced undue influence on mother who was in Alzheimer status

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

In my opinion no... Besides blowing the SOL, there are practical matters to consider. Witnesses will be nonexistent now. And most importantly, the real and personal property is almost assuredly gone by now. I recommend you do a title search on any real property to see if any title problems can... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Can a grandchild receive a deed to her mother’s portion of the land without signatures from other children?
Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

Not sure of the question. But all heirs at law are needed to convey the property, unless there is a probated Will Devise to certain devisees. Each heir/ devisee can individually convey their interest. But it takes all interests to add up to a fee simple absolute title.

1 Answer | Asked in Real Estate Law and Agricultural Law for Texas on
Q: Bought a place in town had established fence lines neighbor shows me a map of his survey saying that I'm on his property

I had also already built a few structures greenhouse ect. into the spots in question

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

Usually the established fencing determines the boundary as both adjoining owners acquiesce to the boundary, regardless what their legal descriptions say. If your neighbor does not like your encroachments, it is up to him to file suit within the SOL. Hire a competent attorney to search both... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: I got a writ of possession about my vehicle but I never signed a warrant or was never notified of a court date.

There was a court date earlier this year but it got cancelled due to covid 19. I was told they had court 2 weeks ago but I was never notified about it. Is this illegal?

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

Apparently you knew of the suit against you. It was your responsibility to check with the Clerk to find out when Court was. You could file a motion to set aside the Default Judgment, but I do not recommend it.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: If I went to court in 2012 for a speeding violation that the judge dismissed, why am I now getting a court costs bill?

The judge dismissed the case, stipulating one year of no other moving violations. I have had no other violations since 2012, so can this TN county still levy $100+ court costs now, to “settle the case” as they claim? I have received no other communication from that court in eight years! And if... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

If the Citation was actually dismissed, then no points go to the MVR. But you apparently misunderstood the Judge, or the Clerk is mistaken. Either way you will have to pay those monies now, or it will be reported to DOS and they revoke your TNDL.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: So if I can not be arrested on a corpus warrant in TN, why is the clerk telling me to turn myself in?

Received a FTA because I had court dates mixed up.

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

You probably mean capias warrant. Hire a competent attorney to take you to Court when you are not on the Docket to set aside the capia and resolve everything. Have money ready to pay the costs and fines. Most likely you will walk out of there.

1 Answer | Asked in Real Estate Law on
Q: If I sold some property and I have a lien on it because he still owes me money for it can he sale it without paying me

The deal I made him he pays me 500 a month for 10 years He has only paid me for 21 months so far

I thought if someone had a lien on property they would have to pay off the lien first before they could sale it

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2020

Read your mortgage first, as it may have a due on sales clause. Hopefully you have a note that can be independently sued upon. If payments are being made, then the new owner takes it subject to the mortgage. But if you did not record the mortgage, you did not perfect your lien and the... Read more »

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