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Questions Answered by Frank J. Steiner
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.

1 Answer | Asked in Contracts for Tennessee on
Q: My workout gym unjustifiably terminated my contract because they said I complained too much about deplorable facility co

My workout gym unjustifiably terminated my contract because they said I complained to much about the Deplorable facility conditions and broken down workout equipment.

Frank J. Steiner
Frank J. Steiner answered on Nov 5, 2018

There is probably an early termination clause in the contract you signed- The language of that clause will determine what remedies, if any, you may have.

2 Answers | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: My husband hit a big dip in the street lost control on a rainy wet day.He is being charged with reckless driving and

Aggravated assault.my husband is hospitalized until farther notice.he has broken his hip leg back and neck.why is a he being charge for that after a simple loosing control on a wet day?

Frank J. Steiner
Frank J. Steiner answered on Nov 1, 2018

You would need to review the charges and the warrant.

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2 Answers | Asked in Probate for Tennessee on
Q: My Father passed leaving a Will that left 100% of everything to me an only child. My Uncle filed a claim of $56,600.

He is stating that he was my Father's care taker for the last 7 year's...taking him to appointments ...mowing...getting groceries etc. He did do some of these things but my wife and I did them as well. Anytime my Dad had him do something he had to pay my Uncle.....my Dad complained... Read more »

Frank J. Steiner
Frank J. Steiner answered on Oct 18, 2018

You have to file an exception to the claim and you have until thirty (30) days after the expiration of four (4) months from the date of the notice to creditors given as provided in § 30-2-306(b), the personal representative, or any party interested in the estate either as creditor, distributee,... Read more »

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2 Answers | Asked in Contracts for Tennessee on
Q: My house is under a one year contract for a sale with a realtor. I am six months into it and am unhappy with the

Performance. I still want to sell . Can I change realtor after six months with out penalty. She is unwilling to release me

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

Depends on the language of the contract - but normally there will be a provision for notice of termination of agreement. Contact an attorney

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1 Answer | Asked in Criminal Law for Tennessee on
Q: I have a simple possession charge 39- 17- 418 ...hopefully you could help me know what they going to do to me....what ha

What happened is I fell asleep in my car at a friend's house, police received a call bout a suspicious vehicle..police smelled and odor of marijuana found a half a joint but writes (blunt) didn't understand that..plus they found about 2grams of marijuana but said it was 3.5 grams. I have... Read more »

Frank J. Steiner
Frank J. Steiner answered on Oct 1, 2018

You will have a court appearance and an opportunity to negotiate with the DA. Hire an attorney

1 Answer | Asked in Criminal Law for Tennessee on
Q: As a defendant what rights do I have under the 39 - 17 - 417 statue. Must not they prove that it was in my possession

I was in someone else's hotel room they rented the drugs were found in their dresser drawers nothing in my possession. They've charged me but how can I be convicted they were not mine not on my body

Frank J. Steiner
Frank J. Steiner answered on Oct 1, 2018

You were in a room where illegal drugs were present. Hire an attorney.

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: My father created a will. A year later he was married. In Tennessee, is a will valid after marriage?

Also, he went to his lawyer and was in the process of canceling the existing will and get a new one and unfortunately passed away before it could be completed. Lawyer claims he did not finish the process. Can the new wife contest the will?

Frank J. Steiner
Frank J. Steiner answered on Sep 28, 2018

Yes, you would be able to contest the will. However, as a Wife, you would be eligible for an elective share of the estate.

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2 Answers | Asked in Family Law and Probate for Tennessee on
Q: My dad passed and as far as I know the lady that claimed he named her poa cannot produce the documentation now funeral

Funeral home says I'm next of kin, How d THAT

Frank J. Steiner
Frank J. Steiner answered on Sep 25, 2018

A POA becomes ineffective upon the grantor's death

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