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Questions Answered by Leonard Robert Grefseng

1 Answer | Asked in Divorce for Tennessee on

Q: I'm filing for divorce in TN but we were married in al. Where would court be held?

Leonard Robert Grefseng answered on Aug 19, 2019

You can file in Tennessee IF you have been a resident of TN for at least 6 months. Court would take place in the county of residence.

1 Answer | Asked in Real Estate Law for Tennessee on

Q: If a house is jointly owned, may only one of the owners sign the agreement with a RE agent to sell it?

Leonard Robert Grefseng answered on Aug 19, 2019

ALL the owners must sign if the contract is to be binding. However, any single owner can force a sale through partition.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on

Q: My daughter is pregnant and unmarried. She lives in Bradley County, Tennessee and he lives in Walker County, GA. He will

still be in high school when the baby is born. My daughter is in college. She will be living with my husband and I. We are stable and able to help her financially with the bab . My question is since he is still in high school would it be who of her to establish a custody agreement prior to the baby... Read more »

Leonard Robert Grefseng answered on Aug 14, 2019

In Tennessee, I do not think it's possible to establish "custody" of an unborn child. Think about that- who else can have custody of an unborn child? Additionally, Tennessee law no longer favors the use of the word "custody" - the preferred term is "primary residential parent." Once the child is... Read more »

1 Answer | Asked in Adoption and Family Law for Tennessee on

Q: How can I adopt my former step children in Tennessee? They are adults.

Leonard Robert Grefseng answered on Aug 13, 2019

This is not something a layperson can do without an attorney. An adult can be adopted ( of course, they must consent). Like an legal proceeding, it begins with preparing and filing with the clerk of the court a written petition ( request) for adoption, giving the required notice, and scheduling a... Read more »

1 Answer | Asked in Family Law for Tennessee on

Q: What is the benefit of being named the primary residential parent in TN, when a parenting plan is 50/50?

Leonard Robert Grefseng answered on Aug 8, 2019

You are correct from your question that equal parenting time ( and joint decision making) render the designation of "primary" as of little substantive value. However, I understand in some areas, the local school board will look to the designation to determine which school zone to apply, and... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on

Q: I live in Tennessee, my husband bought a townhouse 2 years ago but I wasn't able to be on the mortgage because...

Of my credit. If my husband was to pass away or anything happened to him would the house be passed to me as I did have to sign?

Leonard Robert Grefseng answered on Aug 8, 2019

You must double-check the DEED ( not the same document as the "mortgage" or "deed of trust"- both relate only to the loan). If your name is on the deed along with your husbands', you are a co-owner with him and upon death, it would pass immediately to you. If your name in not on the deed, he can... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Tennessee on

Q: In tennessee can a women sign as the father on a birth certificate when the child is born?

Will they get the "fathers" last name and rights to the child?

Leonard Robert Grefseng answered on Aug 7, 2019

Only the father can sign a V.A.P. ( voluntary acknowledgement of Paternity). If not signed by the father at the time of birth, the only way to established parentage for a child born out of wedlock is for either parent to file paternity proceedings and have DNA testing done.

2 Answers | Asked in Criminal Law, Federal Crimes and Probate for Tennessee on

Q: How do I find out how much time my son has in jail in Tennessee. Online it says he is on probation that was a month ago

I called around and no clear answers. I am in Florida and don’t know what to do.the information online is wrong and I am starting to think he is lost in the system. Is there any number or person I can call to help. Tried Williamson jail where he is they said he is state property looked online and... Read more »

Leonard Robert Grefseng answered on Aug 7, 2019

I suggest you contact the court clerk - if he is serving a sentence for a criminal offense, there is paperwork at the courthouse that says what he was convicted of, and what his sentence is, and whether it is to be served in the local jail or the Tennessee Department of Corrections. If he have... Read more »

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1 Answer | Asked in Child Custody and Child Support for Tennessee on

Q: I got someone pregnant but am married to someone else. She is in Tennessee and I am in Alabama.

She says she will sign away me having any responsibility for the child including child support for a sum of money. Can this be done?

Leonard Robert Grefseng answered on Aug 5, 2019

Not under Tennessee law. Parental rights can be terminated only if another man is willing to adopt the child.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Tennessee on

Q: i was served a forcible entry and detainer or an unlawful detainer made by the defendant ....what dose this mean

Leonard Robert Grefseng answered on Aug 5, 2019

The landlord/property owner wants possession of the property, or in other words, this is an attempt to evict you ( make you move out).

2 Answers | Asked in Collections for Tennessee on

Q: My signature loan is over 10 year's old can they still garnish my wages or is their a statute of limitations?

After ten year's of default on this loan I was finally issued a wage garnishment for it. Isn't it past the statute of limitations?

Leonard Robert Grefseng answered on Aug 1, 2019

The statute of limitations is a defense that must be asserted/raised when the lawsuit is filed. If not asserted, the defense is "waived." Your question does not specify when the suit was filed, but apparently there is already a judgment against you ( the creditor can't issue a garnishment unless... Read more »

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1 Answer | Asked in Child Support for Tennessee on

Q: My husband lives out of state and stop sending money to pay for the kids tuition. Can he pay child support?

We are still married but live in different states. He agreed to send tuition money for their school but whenever he gets mad at me he stops sending the payments and it leaves me in an unexpected whole. He said I need to let a judge decide on the payment. I tried to work with him before going this... Read more »

Leonard Robert Grefseng answered on Aug 1, 2019

it sounds like you need a divorce as your relationship is not working. In a divorce, the judge will set child support for children under age 18 and if needed, and your husband is able, the Judge can also award alimony or spousal support. Consult an experienced divorce lawyer for specific advice on... Read more »

2 Answers | Asked in Probate for Tennessee on

Q: Can probate attorney refuse to pay legitimate claim (burial expenses), let Medicaid take proceeds of real estate sale?

My daughter filed claim to MIL’s estate for $5000 for loan she and husband took out to pay MIL’s burial expenses. Her attorney said it would be a “priority claim.” Probate attorney has not paid it, refuses communication with them. Also, without telling any of the other 3 heirs, made a... Read more »

Leonard Robert Grefseng answered on Jul 31, 2019

Possibly- on some occasions, a court will approve a private sale of property if it can be shown that the private sale is for a reasonable price. Selling at auctions will involve advertising expenses and a real estate commission ( even if the court clerk acts as the sales agent, they too will take a... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Support for Tennessee on

Q: One child turns 18 and graduates in 2020, the other in 2022. Should the child support be cut in 1/2 in 2020?

I pay cs directly to my husband, not through the County or through wages.

Leonard Robert Grefseng answered on Jul 30, 2019

No, when the first child turns 18 or graduates ( whichever is last to occur), the child support will need to be re-figured again using the current gross income of both parents and any changes in the parenting plan. If the parties income and parenting time have not changes, the emancipation of the... Read more »

1 Answer | Asked in Estate Planning for Tennessee on

Q: In the state of tennessee, does an administrator ad litem have standing to bring legal action on behalf of the estate?

Leonard Robert Grefseng answered on Jul 29, 2019

Your question does not contain enough information to accurately answer, but most likely yes- if an administrator ad litem has been appointed, they are the administrator and would have the same powers as any other administrator.

1 Answer | Asked in Real Estate Law for Tennessee on

Q: Are there any restrictions on an individual property owner filing a Quiet Title Action?

Leonard Robert Grefseng answered on Jul 29, 2019

There is no law requiring that a person hire a lawyer fro ANY reason- you can always represent yourself. However, there are no exceptions for self represented people; you are still bound to follow all the rules of procedure and evidence, so usually, trying to represent yourself on any significant... Read more »

1 Answer | Asked in Probate for Tennessee on

Q: My step mother passed away and she had 20k in stocks

My father passed away before he had it settled in court she has a grown son whom she had a restraining order against up until she passed and i don't know who is intittled to the stocks now would it be me since everything went to him and then when he passed i was his only hier I'm lost please help

Leonard Robert Grefseng answered on Jul 29, 2019

Under Tennessee inheritance law, if a person dies without a will, their surviving spouse AND the children share whatever the deceased owned. Sounds like you own half ( the half your father inherited) and the son owns the other half. However, you don't specifiy whether your father had a will, and... Read more »

2 Answers | Asked in Real Estate Law for Tennessee on

Q: Married for 16 years. Spouse does not want to be on deed or mortgage. Lender still wants him to sign papers.

I bought our house in 2012 the same way and he did not have to sign anything. Has the law changed?

Leonard Robert Grefseng answered on Jul 26, 2019

No, the law has not changed, but title attorneys regularly take inconsistent positions on the issue of spousal rights. In the absence of a pre-marital agreement which confirms sole ownership by only one spouse, I submit that proper practice REQUIRES a spouse to sign the Deed of trust/mortgage IF... Read more »

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1 Answer | Asked in Family Law for Tennessee on

Q: Can our friends 17 year old daughter live with us so she can finish high school. Parents have to relocate.

My wife and I are in our late 60's.

Leonard Robert Grefseng answered on Jul 25, 2019

Yes, the school will likely require that you be named as guardian for the minor or at minimum, that you have a sign power of attorney from the parents (you would want that for emergency medical care/consent anyway). If you are not in the same school zone as the parents, the school board may make... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Does a landlord have to reasonably try to make contact or collect on broken lease balance before serving court papers?

We broke our lease due to my husband losing his job and we could not afford the house. We explained the situation to the PM advised that we would be out by the end of the month. We were given a 14 day notice in which we did move out before the 14 days. Afterwards the property management never sent... Read more »

Leonard Robert Grefseng answered on Jul 23, 2019

There is no legal requirement for a creditor to ask for a settlement- they can proceed to enforce their legal remedies immediately .

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