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Questions Answered by Anthony M. Avery
1 Answer | Asked in Probate for South Carolina on
Q: My mother has passed her house still has a mortgage. Is that considered part of her estate
Anthony M. Avery
Anthony M. Avery answered on Nov 24, 2021

If Mother was the titled owner, and no Will is Probated with a Devise of it, the real property is owned by her Heirs at her death. It, the property only, is subject to the Mortgage Lien. Taxes and Insurance still have to be also paid, or the Heirs will lose it. Hire a competent SC to determine... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Is it possible to have someones parole transfered from florida to Tennessee

He was recently absconded in both states because he left Florida and came home and he is mentally unstable

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

It sounds like a FL Conviction, so you will have to ask FL lawyers. But TN is very difficult to transfer Probation Jurisdiction, and I bet it is no easier in FL. He should talk to his FL Probation Officer also, especially since that is who will violate him.

1 Answer | Asked in Real Estate Law on
Q: My mom and her sister are selling their deceased parents house. They've been dealing with the buyers bank directly.

Now a sale contract needs to be filled out but they're are uncertain how to fill it out since they never sold a house before. They're both in the states. How should they proceed.

Anthony M. Avery
Anthony M. Avery answered on Nov 23, 2021

Hire a competent attorney that handles real property in the County where the property lies. It sounds like Heirship will need to be determined anyway, and at least sworn to.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Idaho on
Q: I need to file a Proposed Judgment for Quiet Title (in Idaho); Can't find a template or example. Can you help me find 1?

Seeking Quiet Title for a piece of property I own in St. Maries, ID. Everything has been filed, accepted, processed, adjudicated upon & a Default Judgment has been granted..but it is incumbent upon me to file a 'Proposed Judgment of Quiet Title'. I can't find an example of such a... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 23, 2021

You will need a competent ID attorney to draft that proposed Order. Remember the Order is adjudicating Title to real property. It is permanent and must be perfect. And every cloud on titles is different. If you do it yourself, and probably mess up, it is another cloud on the title you are... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: The state trooper wrote the wrong address, and model of the vehicle on the ticket.

The ticket was for 70 in a 55. With the incorrect information, would this be grounds to dismiss the citation?

Anthony M. Avery
Anthony M. Avery answered on Nov 23, 2021

General Sessions is not a Court of record, so amendments of the Citation are easy. Appear respectfully in Court and after informing the DA/Judge of the mistakes, see if there is some way that no points go on your MVR for the last year.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can Georgia extradite for a Misdemeanor, a friend was arrested in Tennessee he wasn't doing anything wrong didn't get

He didn't get any new charges and they're going to hold him in Tennessee until for 10 days till they come and get him to extradite him for a misdemeanor

Anthony M. Avery
Anthony M. Avery answered on Nov 23, 2021

You will have to ask a GA lawyer if extradition is probable. That is a GA charge, not TN. His TN lawyer might want to fight extradition if it occurs.

2 Answers | Asked in Tax Law for Tennessee on
Q: Do I have to pay taxes on my profit on my home I just sold?

Owned for 31 years. Lived there until 3 years ago. I am a widow and soon be 59 years old

Anthony M. Avery
Anthony M. Avery answered on Nov 23, 2021

You are probably exempted from the capital gains tax as you were 55 during the last 5 years of living there as your home. But you still have to report the sale, and you might not meet the one time exclusion because of your age. Check IRS Publication 523.

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1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I got pulled over the officer said I was going 97 in a 70 and wrote me a ticket.

First of all I was not going 97 but the only proof I have is mine and my husband's word I had just left a rest stop and pulled out on the highway behind 2 diesel trucks going 67 mph I had finger on my cruise control button waiting to get up to 70 to push it

The cop made several... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2021

Hire an attorney to represent you. Apparently you do not know when Court is, and definitely need someone's help. A conviction would be several points on your MVR. Some type of diversion or a 4 mph over might be available.

1 Answer | Asked in Identity Theft for Tennessee on
Q: Identity frauded somebody made themselves trustee of me I did not no about and I have names
Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2021

Call your Sheriff and report it with all details known.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I have had my drivers license back for over 4 years now after a dui. State is saying I now need interlock for 6 months.

Got my license back over 4 years ago. Non restricted valid class d license. State of Tn is now saying I need to insatall an interlock for 6 months. Why wasn’t this needed to get my unrestricted license in the 1st place 4 years ago.

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2021

DOS issues the TNDL, so you have to do what they say.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: If your record has been expunged do you have to put you were convicted on a job application?
Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2021

No TNSC says that is the whole purpose of expungement. But first you need to be sure you got a successful expungement. Sometimes you have to do it again with your certified order.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Do I have to pay all restitution for dui befor I can get my license back or can I pay installments
Anthony M. Avery
Anthony M. Avery answered on Nov 17, 2021

Probably Costs and Fines have to be paid, not Restitution, prior to eligibility for

Reinstatement. Numerous Sentencing requirements must usually be satisfied. You will have to examine your Judgment on the Warrant or Conviction to find specific requirements, and then meet them. Also...
Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: Can the State use a search warrant that wasn't returned to the court? General Session doesn't have it their archive

The police changed the name on the affidavit after its issuance and execution to reflect my name... The affidavit and search warrant are on the same paper.. This search warrant was never returned because it's not time stamp showing General Session received it and the clerk says it's not... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 17, 2021

SW's are usually returned to the issuing Judge and filed separately. You will need to hire a competent criminal defense attorney who will properly attack the SW and any evidence generated when you are charged with a crime. Without an Arrest Warrant, there is no Docket Number for it to be... Read more »

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: I have a question concerning my father's case how can they charge him if there is no efficient evidence at all

I can screen shot what I'm talking about if I need to

Anthony M. Avery
Anthony M. Avery answered on Nov 17, 2021

Hie lawyer needs to prepare for a thorough Preliminary Hearing at General Sessions Court. You have not stated any facts nor legal proceedings, but I suspect his lawyer needs to get in gear, or hire a competent one now.

1 Answer | Asked in Constitutional Law for Tennessee on
Q: What happens when the police doesn't return the warrant to the court and the State still uses the document to prosecute?
Anthony M. Avery
Anthony M. Avery answered on Nov 16, 2021

Apparently it did finally show up in Court for the Judge to peruse. Search Warrants do have to be returned with the execution annotated thereon, but Arrest Warrants can be used in a variety of ways. It can easily be dismissed, yet you can still get Indicted at Criminal Court. You may wish to... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: two people are on house deed (mom and step dad ) but both are dead who gets house
Anthony M. Avery
Anthony M. Avery answered on Nov 15, 2021

Hire a GA attorney to conduct a title search. Either one of the owners' Heirs are the owner or each Decedents' Heirs spilt one-half Undivided Interests as Tenants In Common. You have not stated the facts or the Estate granted.

1 Answer | Asked in Real Estate Law on
Q: Does the remainderman interest become current for the share in a joint life estate upon the death of one.
Anthony M. Avery
Anthony M. Avery answered on Nov 15, 2021

Not exactly sure of your quest ion. But the Remainderman's interest vests in possession after the death of all Life Tenants. Any other estate granting clause would be conditional or executory, and would have alot more required language. The Remainderman's interest is usually vested... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Can a wrong birthday on speeding ticket be dismissed?

In the country side north of Nashville, doing 55 around a bend, it’s foggy; cop goes past us. I slowed down even more. He turned around and followed me from about 30 yards back for a mile and a half. When he pulled us over he was being an A$$ about where we were and I even showed him on my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 15, 2021

General Sessions is not a Court of record, so amending the Citation is easy. You will need to appear in Court in a respectful fashion, and possibly hire a TN attorney. Sending in the Citation with money is a Conviction worth 4 points on a TN MVR, which will mailed to OR.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Tennessee on
Q: We bought a brand new camper from a dealership. It came from the factory missing some things and some items were in non

Working condition. The dealership assured us they would have all repaired/restored to new condition under warranty. It has now been 6 months and they have not. I have been making camper payments all this time and it has sat on their lot waiting to be restored. I want my money back and to be... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 15, 2021

I recommend hiring a competent attorney to file an Action in Chancery for Rescission. You will not make any money but you should mitigate your losses.

1 Answer | Asked in Banking, Civil Litigation and Contracts for Tennessee on
Q: 2 month old leased car stolen. Ins. paid bank directly. Bank kept all additional down payment 22K. and deceived me. ???
Anthony M. Avery
Anthony M. Avery answered on Nov 15, 2021

What is your question? Insurance will pay off lender not you, as you are not the owner.

Read your Contract, but it is doubtful that you have any contractual rights for a refund.

Hire an attorney for a consultation after reading your Contract which you agreed to. I doubt Equity...
Read more »

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