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Questions Answered by Frank J. Steiner
1 Answer | Asked in Criminal Law for Tennessee on
Q: I have a hearing for a criminal simulation charge for passing a bill that was fake but I had no idea it was not real

The bill was play money not counterfeit does that make a difference

Frank J. Steiner
Frank J. Steiner answered on Sep 26, 2019

Criminal offenses require intent. You need to speak to an attorney.

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: How do I file a small estate affidavit in order to claim my son's life insurance policy?

My son died without a will. His father, sister, and I are his next of kin. I have no knowledge of any assets or debts. The insurance company requires a small estate affidavit with a federal EIN number to consider payment. Do I have to be the "affiant", or is the insurance company?

Frank J. Steiner
Frank J. Steiner answered on Aug 27, 2019

You must file a small estate affidavit with the Probate Court. You are the affiant - You should use an attorney.

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1 Answer | Asked in Employment Law, Business Formation, Business Law and Intellectual Property for Tennessee on
Q: Deformation, lost wages, emotional distress. Investor for start up. Wanted 40% after 3mo in. Can I sue!

Contracts with local clients- established. Investor wanted to deposit “monies” from unknown sources into business account. I am a Lease holder and investor has put myself and the employees out. Investor has made slanderous comments to members of the business community. I have lost all wages,... Read more »

Frank J. Steiner
Frank J. Steiner answered on Aug 19, 2019

Based on the facts provided you may have a claim for tortious interference with business relationship.

3 Answers | Asked in Probate for Tennessee on
Q: I went through Probate as the estate admin. I received the Quit Claim and apparently the case is over. Or is it?

The property includes a bank account. Since the quit claim is for real estate, how are bank accounts outlined and settled in the Probate process? I am currenty Estate admin of the account with restricted access from the bank. What paperwork do I need to have the restrictions removed?

I... Read more »

Frank J. Steiner
Frank J. Steiner answered on Jul 10, 2019

There are requirements that must be met before closing an estate, such as a TennCare release, publication, etc. If you are administrator of an intestate estate you should have received letters of Administration that will permit you access to accounts.

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1 Answer | Asked in Employment Law for Tennessee on
Q: What can I do about an employer who is wrongfully adding a 30 min break to my 8 to 9 hour shift that I am unable to take
Frank J. Steiner
Frank J. Steiner answered on Mar 28, 2019

Is is paid or is the break off the clock?

2 Answers | Asked in Criminal Law for Tennessee on
Q: Will I face jail time on a misdemeanor shoplifting charge in Tennessee?
Frank J. Steiner
Frank J. Steiner answered on Mar 21, 2019

You should have an Attorney negotiate with the DA. A lot will depend on if you have a criminal record

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2 Answers | Asked in Land Use & Zoning, Real Estate Law, Estate Planning and Family Law for Tennessee on
Q: My grandma passed and left alot of land to my mother, brother, sister and I.

There was almost 600 acres there and i owned part in every bit of it. Well I recwntly moved back into town and heard that my mom has sold all of the land and my siblings got the suarw of money that was rightfully theirs, but I was just completely cut out all together. There is probably 600,000... Read more »

Frank J. Steiner
Frank J. Steiner answered on Feb 15, 2019

Depends on whether there is a will that names you as a beneficiary to the estate. It is an estate question not family law.

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3 Answers | Asked in Criminal Law for Tennessee on
Q: I am a fireman that just got charged with simple possession. I've never been in trouble before and seeking Diversion.

My job is very clear that i cannot have any drug charge on my record. Will this charge appear during the Diversion? My 15 yr career is at stake!

Frank J. Steiner
Frank J. Steiner answered on Feb 13, 2019

Hire an attorney to negotiate with the DA for a diversion. Then the record can be expunged.

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1 Answer | Asked in Employment Discrimination for Tennessee on
Q: Are the Tennessee Code #'s 50-1-307 and 50-1-309 still active codes?

I am a volunteer fire fighter that works in a fast food restaurant in Tennessee, but the owner of that store is from South Carolina. I don't know if South Carolina has similar codes to the two listed above, that way I can be protected should I get a call prior to my shift starting, and/or get a... Read more »

Frank J. Steiner
Frank J. Steiner answered on Jan 10, 2019

Yes, the code sections are current

2 Answers | Asked in Probate for Tennessee on
Q: My mother recently died. Her will list both me and my brother as sole beneficiaries.My brother also passed. Is his son

Since my brother passed away, is his son entitled to any of my mothers estate. Her will does not list him.

Frank J. Steiner
Frank J. Steiner answered on Jan 2, 2019

The will, so long as it was executed properly under the law will control. Your answer will depend on the wording in the will. You should have an attorney review the will.

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2 Answers | Asked in Criminal Law for Tennessee on
Q: Used a revoked license as an ID during a traffic stop. Passenger, not a driver. Charged with violation of tca 55-50-60.

What are the possible consequences of this charge? What is the best way to resolve?

Frank J. Steiner
Frank J. Steiner answered on Dec 17, 2018

Go to Court and work something out with the DA. You should have a lawyer

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2 Answers | Asked in Estate Planning for Tennessee on
Q: probate issue. Wife is on banking account with her father who recently passed away. She had right of survivorship.

Question is can her stupid brother who now wants everything and who did nothing have any claim to this moneyy to cover probate and fiduicary fees.

Frank J. Steiner
Frank J. Steiner answered on Nov 16, 2018

If the account was a joint tenant with Right of Survivorship than the money goes to your wife. If you think Brother is going to make a play for all of the estate you need to retain counsel.

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1 Answer | Asked in Contracts and Construction Law for Tennessee on
Q: I’m a contractor in Tennessee, when clients cancel after the 3 day ‘cool off’, is it legal to charge a cancellation fee?

I’ve had a few that cancel after the 3 day cancellation period, after we’re ordered materials but before they’ve been delivered to the job site. Due to the lost time for paperwork and the design process, is it legal to charge a cancellation fee? If so what is the limit to this fee?

Frank J. Steiner
Frank J. Steiner answered on Nov 14, 2018

It depends on the wording of the contract.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Can i be charged with possession if I OD'd and cops found drugs on me while doing CPR?

I OD'd at a gas station and when I woke up hours later in hospital I was charged with possession and taking to jail for it.

Frank J. Steiner
Frank J. Steiner answered on Nov 12, 2018

Yes. The EMT's were attempting to save your life.

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2 Answers | Asked in Business Formation and Business Law for Tennessee on
Q: I started my own business with a partner. She wants to back out and no longer be o co owner. How do I remove her in TN?
Frank J. Steiner
Frank J. Steiner answered on Nov 12, 2018

You must file the appropriate paperwork with the Secretary of State.

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2 Answers | Asked in Contracts for Tennessee on
Q: What kind of lawyer would I seek ?
Frank J. Steiner
Frank J. Steiner answered on Nov 6, 2018

One who practices contract law.

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1 Answer | Asked in Contracts for Tennessee on
Q: I checked the entire contract and there is nothing in there for them to terminate my contract.

I would like to take them to court. Should I file for small claims court or civil court ?

Frank J. Steiner
Frank J. Steiner answered on Nov 6, 2018

General Sessions, (small claims) has a jurisdictional limit of 25,000. If the damages are more than that it would be filed in Circuit. You really need to discuss this with a Lawyer before you proceed.

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