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Questions Answered by Anthony M. Avery
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: Someone (I think my brother) has got the deed to our land out of our locked gun safe. What can I do?

I have been a victim of v2k and remote neural monitoring and have been for about 6 years, and by the way, it does exist. There is a will that states the estate will come to me, but what will happen if my brother has stolen the deed from our gun safe? He knows some guys in law enforcement and has... View More

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answered on Mar 6, 2024

The only Deeds that count are the ones recorded at the Courthouse. If he has any unrecorded Deed that was never delivered to the grantee, it is not a complete transfer of title, for which you will have to file a suit for. Was the Will filed for Probate? If not, then it is of no effect, If... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: What does an assault with bodily injury charge

My friend we to the neighbor's house to retrieve some clothes that belong to her cousin they started arguing any yelling so I went down there when I walked in she coming to me and swung a bat and I threw my arm up and blocked it and then I defended myself but then I went home and then called... View More

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answered on Mar 6, 2024

That will probably be a Class C Felony charge for Aggravated Assault. You need to hire an attorney to represent you and possibly lower the Bond if possible. In any event, be ready to make Bond prior to your arrest. Then you need to get ready for a Preliminary Hearing. Do not talk about... View More

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Tennessee on
Q: Will Attorneys construe what a litigate is trying to say?

I intend to stop a partition by sale. I have my memorandum of points and authorities in video form, that were court recorded from previous proceedings. I discovered multiple oversights therefore I would like a motion to stay pending appeal. I seek an Attorney that will listen to what I am saying,... View More

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answered on Mar 6, 2024

Sale for Partition Actions are generally a statutory right. There are sometimes defenses, but usually only comprise surcharges amongst various parties against their share of the net common fund. You will need to file a written pleading and an interlocutory appeal will almost surely be futile.... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: I just came into session at 4 acres of property in Missouri how do I remove someone from the property

I co owned 4 acres of property in Missouri with another person that person recently died in the property came on his son has been saying all the property refuses to leave

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answered on Mar 5, 2024

If the Decedent's heirs are on the property, you cannot sue a tenant in common for possession. They will have the same rights as you. However hire a MO attorney to file an action for Partition. Either all TICs will get paid out, or you might buy the other's interests out and have... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Need clarification on a deed between Parent and Child.

DURING THEIR JOINT LIVES AND UPON THE DEATH OF EITHER OF THEM, THEN TO THE

SURVIVOR OF THEM IN FEE SIMPLE AND TO THE HEIRS AND ASSIGNS OF SUCH SURVIVOR FOREVER.

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answered on Mar 5, 2024

The "upon the death of either of them" language is ambiguous. But the totality of the terms construed with the entire Deed will probably be deemed to result in the surviving life tenant's heirs getting the fee. The

Estates created in the granting clause is a little...
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1 Answer | Asked in Estate Planning, Libel & Slander and Probate for Texas on
Q: Is this considered fraud if my gradfathers wife/ common law wife signs a warranty deed t her daughter w/o his signature?

I know they went to the court house and filed for a marriage license but I haven't found one yet se never claimed his last name but he is listed on the deed of trust his name first & hers following and now I found out she signed a warranty deed over to her daughter without my grandfather... View More

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answered on Mar 4, 2024

If Grandfather's wife owned an interest in property, she can convey it. Hire a TX attorney to search the title and determine present ownership. No fraud by your stated facts. Deed may have been a nullity with not interest conveyed. Grandfather would then have standing to file suit to... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: A person was sentenced to 180 days supervised probation 30 days at 75 percent incarceration for driving on revoked for d

A person was sentenced to 180 days supervised probation 30 days at 75 percent incarceration for driving on revoked for Previous dui and has been released but has a hold from a different county for vop 40-35-311 charge. 900 dollars of 1250 have been paid in fines to that county what is possible... View More

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answered on Mar 4, 2024

The County Sentence with the VOP is what you need to be concerned with. He might have to serve time there for the remaining Sentence or he might get more time to pay in full. He can ask to have jail time counted, but it is not mandatory for the other charging County to give jail credit.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kansas on
Q: Father passed but my name and siblings name on deed. Can we quitclaim our portion to our cousin who lives in the home?

My father was married about two years before passing. Spouse has stopped talking to us/our family. There’s also a Medicare lien on the house. My sister and I don’t want to be on the deed. Can we just quit claim the deed to our cousin who has been living in and caring for the home since before... View More

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answered on Mar 4, 2024

Hire a MO attorney to search the title and determine ownership as well as encumbrances. Surviving Spouse is probably an heir also. An Affidavit of Heirship might need to be recorded. Depending on the liens and property value, a Partition Action might be advisable. Even if you transfer your... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: I never received my inheritance from a property sold it’s in the will for me to get half of sales what do I do? HELP!!

What steps do I take? How do I get my money? The property was sold but I haven’t received my half of inheritance. Can I do it for free? About how much does something like this cost to do? Do I have to prosecute the person to get my money?

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answered on Mar 1, 2024

You will have to hire a KY attorney that does real property litigation. It will be an expensive and difficult suit for Ejectment, Quiet Title, etc. where you have to prove title. But if that Will was not filed for Probate, it means nothing. There are stringent SOLs involved, so either file... View More

1 Answer | Asked in Probate and Real Estate Law for Maine on
Q: Can you pay off all estate debts at once after probate is finalized?

For reference, I live in the State of Maine. My father passed away with no will or life-insurance. There are multiple estate debts which include the mortgage, small credit card debt, as well as back child-support he owed to California. If I were to go through with probate to secure the house, would... View More

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answered on Feb 29, 2024

You need to consult with an attorney in the County and State where your Father died. With that many debts, probate might be a disaster and should be avoided. Then again probate may be required to marshal up certain assets. Do not file this probate yourself, hire an attorney to file this or... View More

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: can a felon be charged with possessing a firearm that he found and weas going to turn in but got pulled over

the gun had no firing pin no barrell no slide no safety mechanisim it was just the shell

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answered on Feb 28, 2024

Metal part with serial number is the firearm. Inability to operate is irrelevant. Felon knew he should not touch it. Hire a competent attorney; work at least full time; keep quiet (this is a public forum); stay out of trouble; and hire an attorney. There are other lesser charges... View More

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1 Answer | Asked in Probate for Arkansas on
Q: My husband died and I need to become owner of his estate he owns he had no will no children what do I do to get it done.
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answered on Feb 27, 2024

You are definitely a heir and a next of kin of your Husband, and possibly the sole heir. Consult with an AR attorney to determine heirship. An affidavit of heirship might need to be recorded as a source of title, or assist in transferring car titles. Hopefully you will not need Probate to get... View More

1 Answer | Asked in Probate for Alabama on
Q: i was left my step dads estate he had several million in cash and several hundred acres his daughters coming after it

the will reads i get it all he owed back child support

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answered on Feb 26, 2024

If you have read a Will that has been admitted to Probate, and you are a significant beneficiary, then hire an attorney to represent you. The child support will be claims against the Estate. Where is the Will? If not probated, then you need to file it. Again, hire an attorney to represent... View More

1 Answer | Asked in Car Accidents for Tennessee on
Q: Yes I was in an auto accident in 2012 and was said to not hav insurance when I actually did have insurance. What do I do

I have a copy of the police report that states I did have insurance at the time of the accident.

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answered on Feb 26, 2024

Police Report is inadmissible heresay. Get a written declaration sheet from 2012 that you had insurance from the carrier by a policy number. Then start sharing a copy of it with the DOS's Financial Responsibility Section. If you got sued, then notify the insurance company to defend you... View More

2 Answers | Asked in Probate for Oregon on
Q: What does a final accounting legally have to say? It cant be just hear say?bank accounts and what other documents needed
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answered on Feb 27, 2024

Accountings are usually complicated matters. The Affiant makes a sworn statement about where monies have went, and incorporates bank statements, deeds, car titles, stock transactions, etc. as an Exhibit thereto. You need an OR attorney to help you prepare such a serious pleading.

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2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Tennessee on
Q: If I get pulled over for swerving, when in fact I wasn't swerving at all, can my case be thrown out.

Can I challenge proper use of Quantum Language Parse Syntax Grammar?

Can I challenge jurisdiction?

And should I appear as special witness for myself?

They found drugs in the car.

Amount unknown it wasn't my car or my drugs.

They also gave me a dui.... View More

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answered on Feb 23, 2024

Hire an attorney now to prepare for a preliminary hearing, and and motion to suppress evidence if indicted. If the stop and search are legal then your lack of admission is not needed. That is probably a felony besides the DUI which takes your TNDL. Work, stay out of trouble and probably time... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I be charged for something that was done in my name but I have identity theft all over everything because my identit

Was stolen my grandma said the bank said 200 bucks was issued in my name on a card I don't own anymore

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answered on Feb 23, 2024

Apparently you have not been charged yet. So keep quiet, do not admit to anything, and do not post anything else about this on a public forum. If charged, hire an attorney to represent you. It is hard to prove you did nothing, especially when it is your name being used. Yes, charges can... View More

1 Answer | Asked in Estate Planning for Indiana on
Q: I filled out, signed and had a small estate notarized for my deceased dad's bank account. The bank allowed my sister to

Empty his bank account. She kept all the money. I thought bank could only release funds to me since I filled out small estate affidavit

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answered on Feb 23, 2024

Being the Small Estate Affiant gives you standing and a legal duty to marshal up the assets, including a suit for conversion or a criminal theft charge against someone that stole part or all of the property of the next of kin. However the sister may have owned the money in the account. You may... View More

1 Answer | Asked in Consumer Law and Identity Theft for Tennessee on
Q: I just received an alert that I had a derogatory on my credit.

I found this weird as my credit score is 843 and I take pride in it. I called the firm representing whoever put the 679 judgement against me and they said it was for a Rachel. I don't have any clue who this person is and it it was from Naples Fl who I have no one in that area. They just pulled... View More

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answered on Feb 22, 2024

If you cannot get this off your record by disputing it with the credit bureaus, then you will need an attorney. That amount of money may not justify the expense. It would help to get a copy of the judgment from the Court it was entered. Then you can talk to the attorney about suit. It the... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Does my secondary Executor have to be a "same state" resident? [TN] Should I file a Codicil?

My will states my husband as Executor, with my son as secondary.

With my son being a non-resident, should I change my Executor directives?

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answered on Feb 21, 2024

There is a registration process with the Secretary of State for non-TN personal representatives. However the Will has no effect until testator dies and it is filed for Probate. If you want to change something, then execute a new Will and destroy the present one. Codicils can impute contests.

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