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Questions Answered by Anthony M. Avery
1 Answer | Asked in Estate Planning for Texas on
Q: Recording a Cancellation of Transfer on Death Deed

I recorded two documents with County Clerk on same day: (1) Cancellation of Transfer on Death Deed (using Texas Transfer Toolkit Dec 2015 form) to revoke a TODD I recorded in Jan 2016 and (2) revised TODD which carries the Document Number following the one assigned to the Cancellation.... View More

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answered on Jul 23, 2024

You definitely have a title problem. Hire a TX attorney to search the title, then draft some replacement deeds and some correction deeds. The consideration clauses should explain what each deed's purpose is, and will also need extensive derivation of title clauses to avoid confusion.

1 Answer | Asked in Libel & Slander for Tennessee on
Q: My spouse sent messages to another man about my behavior. He has posted maliciously about me. Are those texts heresay?

My wife had an improper, non-sexual relationship with another man during a bad period in our marriage. She texted about my behavior, but I don’t know the validity of the texts. There was no violence or physical abuse. Now he has posted claims on Facebook (including my place of employment, full... View More

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answered on Jul 23, 2024

If someone else than the other man presented them in Court, they would probably be considered inadmissible heresay. Probably no exceptions to TRE 801. But outside of Court, there are no evidentiary rules. If you sue someone for Defamation, you will need to comply with a relevant Statute, and... View More

1 Answer | Asked in Real Estate Law for West Virginia on
Q: If I won in court to get deed on property how long did they have to give it to me
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answered on Jul 22, 2024

Your lawyer should have already prepared a proposed Order for the Court concerning your Judgment, and proffered it to the Court. After entry of the Judgment, your lawyer needs to draft a Deed and send it to the Defendants for execution. If they refuse, move the Court for the Court Clerk to... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: If a property is bought through a sheriff's tax sale and title work wasn't done to put the property is the purchasers

Name. Can the property be resold or what is the process to get a regular title/deed?

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answered on Jul 22, 2024

You will need an IN attorney to find out if the Sale is confirmed. Bill of Sale is not a Deed, which you need drafted with the correct derivation of title clause, and executed by the proper government official.

2 Answers | Asked in Estate Planning and Real Estate Law for Missouri on
Q: I would like to add a name to a deed. How can this be done with a POA

Property belongs to an elder person and they would like to add a name.

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answered on Jul 18, 2024

Hire a MO attorney to talk to the owner and see what they want to do. The deed can be of many different estates. It is not simple and must be correct to actually transfer an enforceable interest, which will be contested at the grantor's death.

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1 Answer | Asked in Contracts and Real Estate Law on
Q: Can a contract be drawn up requiring me and my partner to return the gifted deposit, if the house is sold or foreclosed?

My family are giving 60k to my partner for a house deposit. However, as first time buyers I cant go on the mortgage due to being a student. In the contracts it states it is a gift. However, we were wondering if it would be possible to have a contracted drafted stating if we become in financial... View More

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answered on Jul 17, 2024

Your Parents will want a Deed of Trust securing their loan by Note signed by the borrowers. However it may have to be a second priority mortgage which include a default provision for non payment of the first priority Deed of Trust. Hire a competent attorney, not a title co., to draft these... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Gifted land deed not in my name yet and owner to other acres bought land say they own mine to whats my rights
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answered on Jul 16, 2024

The owner of the land that you think might be yours later must hire an AL attorney file a Quiet Title and Ejectment action against the adjoining landowner. Time and possession witnesses are critical. Title Searches of both properties are needed, and possibly a survey. You apparently have no... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I received a "Notice of Entry" from the court in Missouri after my sisters passing, and I don't know what to do with it?

The notice states: "You are hearby notified that the court entered the following: Certificate of Death and it has a Judge/Clerk note that reads "Court reviews notification of the death of the protectee. Conservator shall file final settlement within 90 days of the date of death of the... View More

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answered on Jul 16, 2024

Hire a MO attorney to check the out the Conservatorship Court File, especially the Final Settlement. Probate may be needed now. You may or may not be a potential beneficiary of her Estate.

1 Answer | Asked in Consumer Law for Tennessee on
Q: Can I use tca 47-3-118 Statute of Limitation to enforce the credit bureaus to remove negative items off my credit report
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answered on Jul 16, 2024

You can cite it to show some debts are unenforceable. But SOL starts from last payment., Credit companies do not have to comply until you give a written dispute. If report is still wrong then hire a lawyer to sue. They will usually ignore you.

1 Answer | Asked in Real Estate Law for Maine on
Q: I own a house 100% which sits on a property that is co-owned and I want to sell.

Can the other land owner refuse the sale of the house? Or prevent the sale of the house? The other owner has tried to get me to agree to putting the house in a trust, and my knowledge of trusts is that you no longer own the property 100%.

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answered on Jul 15, 2024

Unless it is a mobile home, that house is part of the real property. If a MH, then you may wish to remove it. If you built a house on someone else's property, then hire a NJ attorney to file an action for a Sale For Partition. There you can claim, and possibly recover, some reimbursement.

2 Answers | Asked in Constitutional Law for Tennessee on
Q: Can police pull you over just to check papers? Insurance/licenses.
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answered on Jul 12, 2024

Not for that exactly... But with plate readers that tell them a TNDL is suspended or car stolen, stops occur. Not having a seatbelt on is a reason for a stop. Only THP can stop to check DL alone. Any type of plate violation is also a reason for stop.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I purchased a condo & in 2 months, I was notified of a maintenance increase & roof assessment. Is this right ?

With further clarification of my question, my major concern is of the assessment. The maintenance increase, should have still been at least disclosed, in an act of integrity as the Seller is the president of the board. The condo rider stated no pending assessments, which I believe was untrue, as... View More

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answered on Jul 12, 2024

Purchasing a condo means you accept those kind of monthly fees, or lose it. It does not sound like you could prove those fees were pending at sale. But in any event a fraud suit will not work as you have no damages and you probably want to continue living there.

1 Answer | Asked in Criminal Law for Tennessee on
Q: By law how many days they have to file a petition to see the vehicle for illegal drugs that's a driver had knowledge but
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answered on Jul 12, 2024

I think you mean seize. Forfeiture Warrant should be issued quickly. But if vehicle is considered evidence, then FW is not necessary. FW will require a Bond and DOS Hearing to recover. It is a civil administrative proceeding and you will need an attorney and money. It has nothing to do... View More

3 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Was this a violation of my 4th amendment right?

I recently was arrested in a hospital for simple possession. The security said they were acting on a tip but could not tell me where the tip came from or what the "tip" was. The did not have a warrant until after the arrest. I did not consent to a search.

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answered on Jul 11, 2024

You will need to read the Arrest Warrant and see what probable cause for the stop, detention, search and arrest is cited. If it looks questionable, prepare for a Preliminary Hearing. Hire a competent attorney. If indicted, then the Motion To Suppress should be made at that Court.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Tennessee on
Q: What will happen when my daughter has to go to the county jail for "processing"?

She was stopped for speeding in Jackson TN two days ago. The officer told her that she was driving with a suspended AL license of which she was unaware. Investigating, she found that AL had suspended her license because while getting a speeding ticket last year she showed the officer a picture on... View More

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answered on Jul 11, 2024

She will probably be booked, involving search, fingerprints, and mug shot. This is more convenient and cheaper than being arrested. The important thing is to take care of that DL. She needs to get all the information she can out of the issuing authority so that she has a DL and possibly get... View More

1 Answer | Asked in Probate for Florida on
Q: what is a subpoena for production of documents from non-party mean? this is for a probate case for an estate.

the attorney handling the case wants phone records from 2 years ago. i am not associated with any parties on this case. i don't understand why or how i got involved.

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answered on Jul 11, 2024

That is a subpoena duces tucem and it is Court issued. If you do not wish to comply, then hire a lawyer to file a motion to quash. Obviously you are not a party to the suit, but your records are wanted by one of the parties to use in Court.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I recently applied for home equity loan and found 2 judgements on the title from my wife now ex wife.

They renewed the 1 judgement and is there anyway I can get this dismissed as we are not married for the last 6 years ..I also had a bankruptcy 8 years ago and kept the house and has always been in my name..

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answered on Jul 10, 2024

If your wife never owned your property then her judgment lien never attached to your title. Hire an attorney to carefully search the title. If lien is only against her, and never attached to property, than borrow money elsewhere if necessary if present lender mistakenly believes your title is... View More

1 Answer | Asked in Probate for Ohio on
Q: Since I live in a state that requires a will be witnessed and it was not do I need to file intestate
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answered on Jul 9, 2024

Obviously there is no will. But you should consult with an OH attorney to see if probate administration is necessary or not. There are alot of considerations and expenses, and if the assets are not substantial, probate should be avoided.

1 Answer | Asked in Estate Planning for Arizona on
Q: Can a notary make you cross out a line in your will?

I went to a bank to get my simple will notarized and he would not notarize it unless I has a Doctors note saying I am of sound mind and body. I have never heard of such a thing. The will clearly states that I am stating I am over 18 yrs old, of sound body and mind, and under no constraint and... View More

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answered on Jul 8, 2024

A notary cannot make you do anything. However you cannot make the notary seal a document either. You may wish to find another notary, and probably some witnesses. Better yet, hire an AZ attorney to draft and execute your Will. Apparently there is something clearly odd or wrong about the... View More

1 Answer | Asked in Probate for Kentucky on
Q: My uncle passed away in 2017 and when he passed my father inherited his land but didn’t go and have it legally put into

Now my father passed and I inherited his property I am trying to find out how to get the land that was my uncle’s put in my name

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answered on Jul 5, 2024

Hire a KY attorney to search the title and determine heirship. Then either record an Affidavit of Heirship or Probate Father's Estate (or both). Do as your KY attorney advises. Deceased Relatives cannot give you a deed.

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