Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Anthony M. Avery
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My stepfather passed of a sudden heart attack. He has no will and a mother who is still living so her and my mother have

His real estate property divided 50/50. There is some tractors and farm equipment that were in his possession and he has had ever since his father passed in 2011. Now my question is the brothers now claim all the farm equipment was not my step fathers but instead theirs and have threatened to call... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 30, 2021

You may need to file Probate here if enough assets are present. Administering the Estate will allow the relatives to file Claims Against the Estate if they truly feel they own some of those items of personal property. Hire a competent attorney to talk to you about this. Criminal charges like... Read more »

2 Answers | Asked in Traffic Tickets for Tennessee on
Q: I was doing 100 in a 55 mph zone. I got a ticket for reckless speeding, but prior to this I had got another ticket

For speeding. I had my son in the vehicle who is 17. I know what I done was wrong but I really need help. Please give me your best advice. All of this was taken in the state of Tennessee.

Anthony M. Avery
Anthony M. Avery answered on Mar 30, 2021

The only advice is to hire a competent attorney in or near the County you were stopped in. Reckless Speeding is not a crime, so you obviously were charged with something else. The two citations could take your TNDL as you are only allowed 11 points on your MVR for the last year. You may have to... Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: How do I record a holographic will in Tennessee
Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

You do not record a Will except a certified copy of a Probated Will as a muniment of title. Wills are filed for Probate. But first you need a competent attorney to analyze whether you should administer an Estate or not.

1 Answer | Asked in Probate for Indiana on
Q: I need letters of administration regarding my father who passed away in Florida. Do I need an attorney in Florida.

There is unclaimed property for him in New Jersey and they are requesting this. I live in Indianapolis Indiana.

Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

I doubt that you will have to file Probate just to obtain property in NJ. A NJ lawyer may be able to record an Affidavit of Heirship, then use it to claim the property for the next of kin. At worst, you may be able to file some type of small estate proceeding either in FL, NJ, or possibly IN.... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Under the influence while in poscion of fire harm marajana no blood work no evdince .while driving my car ,He followed

The officer followed me two miles and when I crossefd the county line and drove another 1/4 of a mile turned on lights in I pulled over he found a pice of a hemp CIG in my front set and then hand cuffed me and ask if anything eles in the car he should know about and I tolled him about my gun .At... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

You have not stated the asserted reason for the stop. Motion to Suppress may be in order. You will need a competent attorney to prepare for the Preliminary Hearing, the Suppression Motion and possibly Trial.

1 Answer | Asked in Real Estate Law for Iowa on
Q: If my name is on the deed to a property with my x boyfriend can I ask for half of the equity to sign off?

my name is not on the mortgage and I have not lived there in the last 5 years.

Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

You certainly can demand consideration for your conveyance. But you have not stated the exact estate you have. If the agreed monies are not provided to you, do not sign. The other owner could file a Partition Action against you to sell the property.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Can I carey a firearm on my person in a vehicle in TN if I have a valid permit?

It is unclear to me whether the law prohibits everyone from carrying a handgun on their person or just people without a valid permit

Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

Handgun Carry Permits allow a sidearm to be on your person except in certain areas. Many situations allow the possession of a handgun without a HCP. However any display of a weapon can be a felony assault without a situation putting you in fear of harm.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Looking at Tennessee's firearms laws, where does it say that it is illegal to carry a loaded long gun?

Carry what is the definition of carry for firearms, on your person, in a vehicle, where?

Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

The crime is Carrying a Weapon With Intent to Go Armed. Class A Misdemeanor. Legal carrying is described.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can I get excessive funds from my dads house that sold in foreclosure after his death.He left everything to me in a will

I’m the step daughter and he lived in the house with my mom but she passed before him. He does have 2 kids in another state that he’s signed his rights over to. The will leaves everything to me so am I the only one to collect the funds from the house?

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

I am not sure what you mean about the two daughters' rights. If the Will is filed for Probate, apparently you receive the entirety of his personal property and residue. And the right to receive money is a chose in action, personal property. If the Will is not Probated, it has no effect and... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate on
Q: If person A has POA for property, but person B is beneficiary, is person A legally bound to sign over property rights?

in 1975 my mother was given POA for my grandfather. Upon his death it was learned his daughter-in-law took him to a lawyer in state of dementia and had the will changed to leave everything to her instead. Could my mother have just said NO to signing over rights to the property, or would she have... Read more »

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

The power of attorney terminates at the ward's death. If there is a Will filed for Probate, interested would-be heirs and next of kin can contest the Will... Proof of incompetency at the time of the Will execution will be needed, amongst any other proof that the Will was not actually the... Read more »

2 Answers | Asked in Real Estate Law for Texas on
Q: i need help with finding out how i was removed off a property deed without my permission. now my sister sold the proper

i been living at for 30 some years. she told my girlfriend that she was glad she got me removed somehow. can she sell the property and is the property deed legal. now i been here and have a little family business on the property as well. is my sister in the right for selling and removing my name

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

Hire a competent attorney to search the title. He can then tell you what happened and whether you can file suit for whatever interest you might have.

Apparently you believe you were deeded an interest in the land which deed needs to be examined. Have you been paying taxes? If not, you...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for Tennessee on
Q: As a land owner, do I have to register no trespassing signs at the courthouse to enforce the no trespassing law?
Anthony M. Avery
Anthony M. Avery answered on Mar 26, 2021

No, they cannot be made of record. Posted signs need to be completely filled out with the name and address of the owner. Be careful displaying firearms when confronting trespassers. Call the law and do not give them an opportunity to claim you assaulted them.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can sentences run concurrently on different cases in the state of Tennessee?

My son was found guilty in one case and has been sentenced. He has another case in which a plea deal has been offered but he has to make parole for the first sentence and then complete the second. Can this sentences not run together?

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

Different criminal convictions can have the sentences run concurrently. But it is very difficult to get all the DA's and Judges to so agree, which needs to be specifically stated in all the Judgments of Convictions. Usually they will not agree and the sentences run consecutively. If all... Read more »

3 Answers | Asked in Bankruptcy for Tennessee on
Q: I am currently under Bankruptcy. I have a new bill collector that is not on my list for companies under my bankruptcy

calling me. What can I do or what can I tell them?

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

Call your lawyer. You will probably amend your Petition to include that Creditor. Do not talk to the creditor.

View More Answers

2 Answers | Asked in Land Use & Zoning and Real Estate Law on
Q: neighbor selling house, they had it resurveyed and my well, fence, and shed are 12" over the property line what can do?

already asked if i could pay all cost to move line and resurvey, they said no. they contacted realtor and said he would take care of it. what can realtor do? what are my options now?

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

There is nothing the realtor can do. You will need to hire a competent attorney to attempt to agree to a Boundary Line Agreement. The lawyer will need the new survey, then draft an agreement to be executed and recorded. It is your encroachment so you should pay for it. If the adjoining owner... Read more »

View More Answers

1 Answer | Asked in Probate for New Mexico on
Q: can a friend (non relative) make claim on property that does not have any heirs
Anthony M. Avery
Anthony M. Avery answered on Mar 24, 2021

Claim based on what? There are probably some heirs at law. You might want to figure out who they are, then establish heirship. Then have the heirs convey the property to you for a small consideration. But a tax sale is the best option, as the taxes have to be paid anyway. Hire a competent... Read more »

1 Answer | Asked in Real Estate Law on
Q: I am single and own free and clear a residential house in St. John's Co. I would like to add my grown Son to the deed.

What are the steps to complete this ?

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

Hire a competent attorney to draft the Deed. You need to decide what type of Estate you wish to convey such as: Life Estate/Remainder; Tenants In Common; etc. The Deed takes effect now, while a Will means nothing until you die and it is probated.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Do traffic tickets in TN expire after 10 years? If so, is this automatic, or is a formal request required?

Can tickets from 12-15 years ago still be a reason a driver's license is currently suspended?

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

Old Citations are old criminal offenses. Whatever DOS demands for reinstatement is what is required, as they issue the TNDL.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: My DUI was 26 years ago, I have just recently paid my reinstatement fees and wonder do I still need to go to DUI school?

I have been incarcerated for 24 years, and noticed the DOS states they wanted me to pay $240 reinstatement fees and go to DUI school. Just paid the $240, but I am told I may not need to go to DUI school since it was so long ago.

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

You can apply for the TNDL, but when they deny it, ask why. DUI School Certificate will probably be required, especially since DOS has already demanded it. DOS issues the license, not the Courts.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: My husband who is a vet and works for a firing range got off work went upstairs and asked them to be quite

He did have a gun in him because he just got off work but never put his finger on the trigger or threatened to hurt any of them. Can we fight this till we can find a place

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

What happened? Assuming no criminal charges, you may wish to make the landlord go through the entire process for eviction. A Detainer Warrant must be filed, served or posted, a Judgment for Possession rendered, and if you are not out or appeal within 10 days, a Writ of Possession is issued and... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.