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Questions Answered by Anthony M. Avery
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I be sued if I never had a lease agreement and have not lived on the property since 2019?

I lived in a fairly run down trailer that I rented from my grandmother in 2016-2019. I have had trouble with employment and my grandmother let me live there for basically nothing if I helped her with her yard and then when my grandfather became ill I took care of him. She counted this as work/... View More

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answered on Aug 15, 2024

It appears that you did not defend yourself in Court. Sessions Judgment can be appealed de novo to Circuit within 10 days, or its final. If final, then Judgment Creditor will try to collect against you and you need advice from a lawyer about exemptions and asset protection. If not final, file... View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: My husband and I are buying on a land contract, my husband passed away in June. I continue to make payments and our

Contract will be paid off next year. Does his death present a problem?

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answered on Aug 14, 2024

Husband's death should not alter the execution of the contract. However you should know that you do not own the property, only a contractual right to demand a deed upon the final payment with no other defaults. Be very careful. You may wish to pay the remaining payments off now and... View More

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: How can I help with getting domestic violence charges dropped as the victim

My boyfriend and I got into a physical argument, he broke down the bathroom door and I bruised his shoulder. I contacted the police because I wanted the situation to be deescalated, we have never gotten into anything like this before. Obviously, he got charged with DV. We have a 2 month old at home... View More

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answered on Aug 13, 2024

DA is worse than some felonies, especially in Knox Co. Boyfriend needs an attorney. He should not plead guilty to DA under any circumstances except there is Diversion, Dismissal and Expungement. Period...

2 Answers | Asked in Real Estate Law for Florida on
Q: I purchased a condo with my cousin, the deed was in both our names, that were signed and notarized, and copies being

given during closing. The title company, removed my name and filed the 1st page without my name, using the original 2nd page that was signed and notarized.

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answered on Aug 6, 2024

Hire a FL attorney to sue for Reforming A Deed now. Hopefully you have a copy of the original correct deed prior to it being recorded fraudulently. It is possible it was a title co. mistake, but in any case, hire a lawyer to search the title and file suit while representing you.

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1 Answer | Asked in Real Estate Law for South Carolina on
Q: Quite claim to/from deceased parent before they took a reverse mortgage loan. Am I responsible for any debt?
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answered on Aug 6, 2024

Not sure of your facts. But if the home was deeded to you prior to the reverse mortgage, then you supposedly own it and parents had no interest to sell later which is what a reverse mortgage is. If you did not sign the note, then you personally owe nothing. But if you do not own it, and the... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Do I need to find & notify all possible relatives?

My cousin passed in 2019. I'm the only one taking care of his property & house. Do I still need to get a lawyer to find lost relatives, etc. in order to proceed with legalities to sell his place before the house gets run down too much. His parents are deceased, he had no siblings, never... View More

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answered on Aug 5, 2024

You are correct about hiring an attorney to establish heirship and selling the property. Also keep taxes paid and ask for reimbursement for your expenses later although there is no right to recover them. The Affidavit of Heirship will be difficult but not impossible. And a title search is... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I'm buying a$20,000 parcel of land. $15,000 down and owner financing 5,500. What paperwork should I get from seller.

Seller is doing all paperwork not using a realtor. Both trying to save on cost.

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answered on Aug 5, 2024

If you do not get a deed when you pay $ 15K, do not execute this transaction. Do not use a contract for deed, as it is only a lease with an option to purchase (which he will refuse and evict you). Getting a deed and giving a note secured by a deed of trust would suffice. Hire a MS attorney to... View More

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: Can you sue an insurance company if they refused to cover costs due to an unethical loophole?

About a year ago, a friend was living in Florida and she lent her truck to a friend. This friend allowed her boyfriend to drive the truck, who had been drinking (but still below the legal limit) and had no driver’s license. The guy got in a car accident and totaled the truck. The insurance... View More

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answered on Aug 5, 2024

There are no ethical rules for insurance. Read your insurance contract for the exclusions the co. relied upon.

Bad Faith suit is only an extra 25% and exposes you to a bad faith claim. A suit for breach of contract may be possible within the contract term SOL. A good lawyer would...
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1 Answer | Asked in Estate Planning for Tennessee on
Q: My mom died two years ago and the 1.5M stepfather took everything, The attorney never tried to contact my brother or I.

My mom own half of the house too. Everything was taken and nothing to her side of the family.

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answered on Aug 1, 2024

What you state as fact may not be the case. If the accounts were joint, the monies are his. If the house was tenants by the entirety, then the survivor owns it. You might hire a TN attorney to look into it if you really think the stepfather stole properties.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I won my case and the judge orderd the tennant to pay back rent but the tenenat has not made a payment

I won my case and the judge orderd the tennant to pay back rent but the tenenat has not made a payment. I had another garnishment served to there job but they quit to avoid paying and got another job but I dont know they work to have them served again what can I do

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answered on Jul 30, 2024

If you know where they bank, you might pay for a garnishment of their account. Outside of that, you might go after personal property you know they have and, as always file the judgment as a lien for 10 years in the County you think they live in. You could also get post judgment asset discovery... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: final hearing for divorce where he will not sign

I made a motion for a default judgement. Got kicked back because I could not request a default on irreconcilable differences but marital behavior. Requested a final hearing and I have the date but unsure what to file to complete. Sent notice of Final hearing to defendant. Help what else do I need... View More

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answered on Jul 30, 2024

IR Divorce is where there is an agreement. Apparently you have no agreement. In that case you must put on proof of grounds. You might not have any. Hire a lawyer who might be able to help, or stay married until he agrees or one of you dies.

1 Answer | Asked in Real Estate Law for Indiana on
Q: My husband built our house himself on land we own. How do we go about obtaining a deed to the house?

We eventually want to deed it over to our son, but first need to get a deed. Thank you..

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answered on Jul 30, 2024

Unless he is an heir of the deceased deeded owner, he does not own the property. Hire an IN attorney to search the title, and probably determine heirship. An Affidavit of Heirship would then be appropriate to notice the world of who the heirs are. He then might get a deed of the other... View More

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: How is it not considered outright extortion when a court finds not guilty for a speeding ticket but still charges you

I got a speeding ticket in the state of TN for going supposedly 87 mph but when I pulled the bodycam and dashcam footage the radar showed 85 mph. I made a video on YT about it. I just cannot wrap my head around how this could be considered anything but extortion as I was found not guilty but still... View More

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answered on Jul 30, 2024

Apparently you were either found guilty or had it dismissed with costs. I doubt there was any other disposition.. Read the Judge's Order on the Citation. It appears that you did not know what was going on and the Judge gave you a break through a Diversion even though you tried it.

1 Answer | Asked in Estate Planning for Indiana on
Q: We have our assets jointly with secondary beneficiaries. Would our heirs be subject to estate taxes?

We did this to avoid probate and want to make sure taxes would not have to be paid by our heirs. Our asets are under the 5,000,000 threshold

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answered on Jul 29, 2024

There is no such thing as owning "assets jointly with secondary beneficiaries". You will need an IN attorney to search your titles, signature cards and other assets with beneficiary designations. Then he should be able to discern if any taxable transfers will take place later.... View More

2 Answers | Asked in Estate Planning and Probate for Minnesota on
Q: Which takes precedence - named beneficiary or later guardianship order that specifies a 50-50 split of assets at death?

My mother named me beneficiary to an annuity several years ago. She was placed under guardianship last year due to dementia and in absence of a will the judge ordered assets be split 50-50 between me and my sibling. Which takes precedence?

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answered on Jul 29, 2024

Apparently the Judge ordered a change of the Designation of Beneficiaries. If he did, then the latest Declaration controls. Hire a MN lawyer examine the guardianship and advise The other option is to appeal if you have time, grounds and an attorney.

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1 Answer | Asked in Gov & Administrative Law and Real Estate Law for South Carolina on
Q: In the state of South Carolina, is the grantor signature needed in order for the grantee to become owner?

My uncle is the grantee of property that my father owned in SC. My uncle recieved the property through a tax sale and it was never redeemed. My brother and I were not aware of this. We received legal documents recently for both of our signatures to remove our interests or rights to the property.... View More

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answered on Jul 29, 2024

If the grantor does not sign, there is no transfer of title. Hire a SC attorney to search the title and advise what to do. If your Father lost the property in a Tax Sale, then he did not convey anything. Apparently the owner wishes to clear up the title cloud of the redemption that you might... View More

1 Answer | Asked in Probate for Kansas on
Q: Are retirement accounts covered by the Kansas statute “Elective Share of Surviving Spouse”?

My wife passed with out a will. She had four assets; checking/savings accounts, a Roth IRA, and two work sponsored 403(b) retirement accounts. She listed beneficiaries on all four assets; the first two designated me and the latter two designated her mother. Kansas has a statute for “Elective... View More

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answered on Jul 26, 2024

If the bank accounts had other joint owners besides the Deceased, then all the named assets have nothing to do with an Estate. Therefore there is no Probate as to these properties, and no spouse's election against the Will bequests or devises.

1 Answer | Asked in Real Estate Law for Alabama on
Q: Alabama real-estate law question.

I bought a vacation property in Alabama while engaged. Only my name is on the deed. A gift of money was given to purchase by my ex fiancée. I have paid all the bills since ownership. Alabama is not our state of residence. Does my ex have claim to my property? He is suing.

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answered on Jul 24, 2024

Hire an AL attorney now. You must file an Answer and defend against the suit. Let your lawyer decide how to defend you. If there was a Divorce then that Judgment might control, but arguably only has jurisdiction in the State of the Divorce, not AL land., and thus unenforceable.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Massachusetts on
Q: Can a deed to jointly owned property have language requiring all owners consent prior to any owner selling their share?

Can a property deed for jointly owned property in Massachusetts contain language (if mutually agreed upon by the joint owners) within the deed that prevents any joint owner of that property from selling his share of that property without the consent of the other joint owners and if so is such... View More

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answered on Jul 23, 2024

Such an executory estate might be drafted, but it would be difficult for the other tenants to enforce. It could also be deemed unenforceable as a restraint against alienation. No competent attorney would draft such a questionable conveyance. There are many other estates to consider which will... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I need a lawyer for divorce due to property

In 2016 my parents signed the property I now own over to me and I registered it in my name in same year. My husband and I didn’t get married until 2020. The property is in my name not his. And also he works I do not and has 401k do I need a lawyer for that to since I don’t want anything from it.

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answered on Jul 23, 2024

He can claim the appreciation in value since the marriage should be divided as marital property. Likewise you can argue the increase in his plan's value since marriage is marital property. You need an attorney when engaging in such a legal suit, as you could lose valuable properties.

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