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Questions Answered by Anthony M. Avery
1 Answer | Asked in Probate on
Q: If child is disinherited. Explaining in will mother had been estranged from him for over 20 years leaves him 1 silver do

Dollar writes specifically and intentionally leave him none of my worldly good except for one silver dollar. Is he entitled to anything else if she did not put the term residue in the will.

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answered on Jul 5, 2024

If Will is not probated, it means nothing. If filed for probate, then hire an attorney to examine Will and see if the Testatrix died partially testate or bequeathed and devised everything. If everything is given at death, then there is no need for a residuary estate clause.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for New Jersey on
Q: town revoked my fence permit cuase my neighbor thought i was on their property
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answered on Jul 3, 2024

You have a boundary dispute. You will need a NJ lawyer to search both titles, and a surveyor on the boundary to serve as your witness, Filing suit is expensive and difficult, but if you wait too long you lose your asserted boundary through acquiescence.

2 Answers | Asked in Real Estate Law and Foreclosure for Michigan on
Q: My family's house was foreclosed ~10 years ago. A friend paid under mkt value, promising I could buy it back for same $

Is this legal? Could you point me to any relevant statutes too? Is the promise enforceable (nothing written so I guess no)?

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answered on Jul 3, 2024

Owner will probably refuse to convey to you as the oral promise violates the Statute of Frauds. Hopefully you have some sort of memorandum signed by owner. Consult with a MI attorney to draft a deed and attempt to tender the money for the deed.

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1 Answer | Asked in Estate Planning for Connecticut on
Q: I wanted to open an estate account at my bank. My attorney told me no and Made me go to a different bank is that legal?

I wanted the bank at my local bank where the deceased Account holders accounts were as well and I have a great relationship with them. My attorney has a relationship with a different local bank and basically said no to My bank and made me open one at the bank of his choice. He made it seem like I... View More

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answered on Jun 25, 2024

You might want to hire another attorney. His suggested choice of banks is not legally binding nor illegal. But if you really want to bank somewhere else, you will need another attorney as the present one wants to do business with who he knows.

1 Answer | Asked in Civil Litigation and Probate for Tennessee on
Q: Are Attorneys opposed to Reviews?

I filed a premature motion for reimbursement of contributions. Within it I proved misrepresentations and oversights that led to the Judge's prior ruling to partition my home by sale. The Judge urged me to get an Attorney. He said I could possibly get a Review of the case. 90% of Attorneys will... View More

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answered on Jun 24, 2024

Whatever lawyers you talked to were incompetent. Partition Actions allow attorney fees for both the plaintiff and the defendant BY TN STATUTE. As long as there is a feasible, economic result of a forced sale, the attorneys get paid before their clients. Apparently you are too concerned with... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Can a notary certificate be backdated on a property deed and still be a valid property transfer?

I was coerced into signing deed to my home and am doing all I can do to correct this . I noticed certificate was backdated a year and a day prior to me signing . Notary withheld first page of deed that indicated it was a deed . I was made to believe I was giving permission to do a title search on... View More

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answered on Jun 24, 2024

Notary is an acknowledgement on a deed, so it is often placed after execution. If notary of your signature is before your signing, then hire a TN attorney to set aside the deed. There are probably some other pertinent facts here though.

1 Answer | Asked in Civil Litigation, Estate Planning and Family Law for Nevada on
Q: Can an unborn child be the sole inheritance of a residential home ?

And if the child is not born, can there be a provision for the property to go to the state ? Bypassing the Child's parents.

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answered on Jun 21, 2024

A very good attorney could draft such a future interest deed (contingent remainder; subject to an executory interest; etc.) which would not violate the Rule Against Perpetuities. Very few attorneys can draft an enforceable deed such as that, and no title companies. You will need to hire a NV... View More

2 Answers | Asked in Domestic Violence, Criminal Law and Constitutional Law for Tennessee on
Q: I was charged with domestic violence, pled guilty to simple assault. I was not informed that my gun rights were going to

Be taken. Is there any way to get them back in tn.

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answered on Jun 21, 2024

Misdemeanor Assault does not create a firearm disability, but Domestic Assault does. You need to get a certified copy of the Arrest Warrant/Judgment with the final disposition on it. Consult with a competent attorney. If non-domestic assault was the Judgment, then you will need to start using... View More

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1 Answer | Asked in Small Claims and Real Estate Law for Tennessee on
Q: I purchased my home over nine years ago. I had an inspection and everything he found we turn it over to the seller and

he fixed it but it was just minor stuff. I’ve had issue after issue with this house ever since especially the plumbing. Warranty company won’t pay because there’s a water house stuck in there. Don’t have a clue how it got in there and that’s probably that cause of all the plumbing issues... View More

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answered on Jun 20, 2024

Whatever residential disclosures that were made by the seller or real estate agent are way outside the SOL for suit. However a breach of contract action on your Warranty might not have run. Hire an attorney to look at your Warranty, examine your damages, and then file suit. If damages are... View More

1 Answer | Asked in Civil Litigation and Banking for Tennessee on
Q: I recently applied for a Heloc loan and when the title search was done it had 2 judgements on it.

they were for my ex wife not paying her credit cards. 1 was 10 years ago the other 6,,,,,..divorced 6 years ago and we kept all separate accounts. How can i get these off my title?

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answered on Jun 18, 2024

Judgment Lien is effective for ten years from date of Judgment, unless extended for another ten years. On the older one, you might demand creditor remove the lien. But the six year old lien is probably still valid. You may be able to get creditor to compromise and release lien for cash.... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: Significant loan made to contractor to purchase land and build homes 4 homes. Money spent, homes not completed.

Significant loan made to contractor to purchase land and build homes 4 homes. 3 of 4 homes in different stages of build. Estimating 1/2 of loan funds spent on those homes, yet contractor stated they were out of funds. I decided to hire a lawyer to foreclose on the properties knowing I... View More

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answered on Jun 18, 2024

If you are lender on a Note secured by a Deed of Trust, then foreclose on the collateral parcels. When a note deficiency occurs then sue borrower on that deficiency. If you are found to be a full fledged partner, then you are possibly liable for the partnership debts, but it will be a hard... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What do you do when you have a signed contract for real estate purchase, and then the seller walks away?

I submitted a contract with earnest money to purchase a home. The seller went silent right before closing. My (buyers) contingencies were that HVAC leak be repaired and that boundary encroachment be resolved. The seller's contingencies was that my current home be sold so we could close early.... View More

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answered on Jun 18, 2024

Apparently the contingencies have not been cured, so the contract on its face is voided. If you paid out earnest money, ask or sue in GS for it back. With that many serious problems, you knew it would not be executed. Suing for Specific Performance would be crazy. Buy elsewhere and hire... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: Officer allowK9 to attack handcuffed man then. Took pics of the wounds and shared them around the community!need interna

It seems impossible to hold accountable I have so much evidence it’s bigger than Rodney king

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answered on Jun 18, 2024

A Civil Rights Action is a federal case which must be filed as a Government Tort Liability Action (1 year SOL; no jury; caps on damages). Few lawyers even know what kind of suit is required. Start with personal injury attorneys here on Justia, as virtually no criminal attorneys can handle it.

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1 Answer | Asked in Consumer Law for Tennessee on
Q: I'm being charged for a septic service when I am not hooked up to it or requested it i have my own tank , What
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answered on Jun 18, 2024

Start with complaining to the Lincoln County Mayor. From there, inform whoever is charging you that you will not pay for a utility service you do not get. I have a feeling the Mayor knows what is going on. You may need to get your County Commissioner involved also.

2 Answers | Asked in Estate Planning and Probate for California on
Q: Over $80 million dollars is being embezzled by my cousins & the City Probate.

Land Man Attorney needed. Regarding Probate Real Estate Embezzlement of over $80 ML and counting of my deceased father's Probate Oil Companies in Oklahoma. Real Estate in New York, and in Michigan has been stolen with written WILL. And Los Angeles Real Estate in California. My father Roy... View More

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answered on Jun 17, 2024

It sounds like you need to contact an OK attorney for a Will Contest in Oklahoma, if that is where the Probate proceedings are. Will Contests are very hard to win if the execution was correct, so you need witnesses and other proof. There may be other separate quiet title actions for the... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: How can someone sign a warranty deed after divorce 2015/2016 and 2022 getting half of the sale from the house?

The house was in my ex husbands name only, but yet one piece of paper was signed as married couple even though he was divorced from his second wife.

I don’t understand how she was still able to be part of the sale after signing a warranty deed.

He signed the papers in may 2022... View More

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answered on Jun 17, 2024

As an ex spouse you have no standing nor interest in this matter. If you have children by the Deceased, then they might be heirs and need to hire a TX lawyer to quiet title in themselves. Many title companies will have spouses sign deeds even though they have no interest except if the other... View More

2 Answers | Asked in Identity Theft for Tennessee on
Q: From an incident how long do you have to sue

I incident happened several years ago where a lady had stole my identity walked into a Union City Bank and was able to get everything out of my bank account she had put her picture on top of mine she went to jail but I was never retrieved my money and she got about a loan in my name and that... View More

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answered on Jun 12, 2024

Three year SOL for Conversion. But it is up to Defendant to plead the statute of limitations not the Judge to bring it up, so you might consider filing suit in General Sessions for under $25K if you can server her. If you get a Judgment, then start hunting her down as far as a job, land, bank... View More

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was arrested in my front yard for DUI, having been home for almost two hours will this stand up in court?

I refused to take a breathalyzer as I was not driving

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answered on Jun 12, 2024

You do have some good defenses since you refused the test. And you might not even lose your TNDL administratively for 1 year since TN has to prove you were the driver or allowed an intoxicated person to drive. Hire a competent attorney to prepare for a rigorous Preliminary Hearing.... View More

1 Answer | Asked in Medical Malpractice, Probate and Wrongful Death for Arkansas on
Q: I'm having an issue with a hospital that didn't acknowledge the power of attorney form that I had notarized for my boyfr

He ended up passing away during The Visit that day ignored the PO.A

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answered on Jun 11, 2024

There may have been something wrong with the POA, or the hospital simply refused to obey the directives of the attorney in fact. What damages did the Decedent incur because of the hospital's disobedience? There may not be any, and if so, no cause of action. If damages are present, then... View More

2 Answers | Asked in Real Estate Law for Virginia on
Q: Someone’s deed says they have the right to use my property. The deed has transferred 4-5 times. Do they?
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answered on Jun 10, 2024

If the alleged Easement is not in YOUR chain of title, then the adjoining owner probably does not have a ROW over you. A Prescriptive ROW may have occurred, or an implication may have created it. To be enforceable an Express Easement must be in the Servient Tenement's title, not the... View More

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