Questions Answered by Leonard Robert Grefseng

Q: My husband and I had a child together. My husband signed the birth certificate and now my ex boyfriend had filed

1 Answer | Asked in Child Support for Tennessee on
Answered on Feb 20, 2019
Leonard Robert Grefseng's answer
DNA tests are now regularly, almost always, used to determine paternity.

If you admit the relationship with the boyfriend and there is some chance that he fathered the child, I suspect the Judge will allow the testing. If the boyfriend is the father, you will have to negotiate a parenting time plan with him and one of the parents will owe a child support obligation. consult an experienced family law attorney for specific advice on your situation.

Q: My ex is 40k behind . He lives in Ok, We live in Tn. What can I do to enforce it.

1 Answer | Asked in Child Support for Tennessee on
Answered on Feb 19, 2019
Leonard Robert Grefseng's answer
Consider filing a petition to have the arrearages reduced to a judgment.

The Tennessee judgment can be then "enrolled" as a judgment in Oklahoma. At that point, you should be able to find a collection lawyer in Oklahoma who would take the case on a percentage or contingency basis. there's no way around it, if your ex is in Oklahoma, you are going to need an Oklahoma lawyer to help collect.

Q: My son and his pregnant fiance live together? Will he have to pay child support?

1 Answer | Asked in Child Support for Tennessee on
Answered on Feb 18, 2019
Leonard Robert Grefseng's answer
At the present time, maybe not, but eventually, YES. Unless they get married and live "happily ever-after," there will most likely be some disagreement between them, thus causing the mother to file for child support. He has no parental rights to the child unless he files a paternity action, so again, unless they get married, perhaps he should consider having his rights and child support obligation formally established now, sooner than later. Things usually get worse they longer they are not...

Q: Does the buyer pay the taxes or the seller? Buyer has occupied the house for a year and still making payments.

2 Answers | Asked in Real Estate Law for Tennessee on
Answered on Feb 18, 2019
Leonard Robert Grefseng's answer
There is no set rule of Tennessee law on how a buyer and seller handle payment of property taxes- it is something that can be negotiated. Do you have a written contract of sale with is buyer? If so, read it carefully- it sounds like the buyer may have already breached the contract if he did not pay as was agreed. If there is no written contract, YOU, as the owner of the property risk losing the property if the taxes are not paid. Consult an experienced real estate lawyer in Missouri for...

Q: My husbands mother died and his brother is trying to sell all her property without us. My husband is the executor.

1 Answer | Asked in Probate for Tennessee on
Answered on Feb 18, 2019
Leonard Robert Grefseng's answer
If your husband is the executor named in the will, he should file to have that will submitted for probate in the county where your mother in law resided at the time of her death. "Probate" is the legal process for having the will formally approved and recognized as the final wishes of the deceased. Consult an experienced probate lawyer in your area for specific advice on your situation- it is not something you want to do without a lawyer.

Q: Is there a way to give up my parental rights without having to involve the other parent?

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Answered on Feb 13, 2019
Leonard Robert Grefseng's answer
No, Tennessee law requires parents to support their children. The only way to escape that obligation is to have another person assume it - by adopting the child. An adoption will terminate the parental relationship and establish a new parental relationship. The other parent will have to consent to the adoption.

Q: An uncontested divorce takes how long to go into affect after the party has been served. At what date is it legal ? At

1 Answer | Asked in Divorce for Tennessee on
Answered on Feb 12, 2019
Leonard Robert Grefseng's answer
Unfortunately, from the way your question is worded, it appears you may not understand the legal process. When a person is "served," that usually means the sheriff's deputy has delivered the complaint ( the written request) for divorce to them. They have 30 days to respond, and the response might be a countersuit. A divorce is only "uncontested" when they sign an agreement for a divorce or the 30 day period has expired and no response is filed during that 30 days. In any case , contested or...

Q: I am an employee/owner of an S Corp with 2 equal owners. I am the President and he is Secretary. 1. Can I fire him?

1 Answer | Asked in Business Law for Tennessee on
Answered on Feb 12, 2019
Leonard Robert Grefseng's answer
This can't be answered in this limited question-answer format. An attorney would need to closely review the corporations' by-laws to determine how to break a "deadlock." Since you are "equal stockholders" it appears that neither of you have the legal authority to oust or exclude the other. based on the limited facts given in your question, my first impression is that you will need a Judge ( a lawsuit) to resolve it.

Q: Can judge order heirs to bring back personal property they took after dad died ? No will ,but now have admin of estate ?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Feb 7, 2019
Leonard Robert Grefseng's answer
Yes, the judge can order that and more importantly, the administrator of the estate has a DUTY to try and recover the lost assets. Consult an experienced probate/estate lawyer asap for specific advice on your situation, this is not something you can do without a lawyer. The legal fees are a priority expense of the administration.

Q: Parents defaulted on mortgage in TN. Bank now wants to sue them for different of short-sale, they have no money to give.

2 Answers | Asked in Foreclosure and Real Estate Law for Tennessee on
Answered on Feb 7, 2019
Leonard Robert Grefseng's answer
Consult a bankruptcy attorney. If that is not acceptable, they have the right to have the JUDGE ( not the Bank) set a reasonable monthly payment. This is called a "slow pay motion " or "time payment motion."

It does not happen automatically, but they have to make a written request for it after the Judgment is filed. The slow pay order stops the garnishment as long as your parents make the required monthly payment. I also agree with the previous answer- do not share any asset information...

Q: My mother-in-law in Tennessee has been diagnosed with dementia. My husband’s sister was immediately given either a

1 Answer | Asked in Family Law and Elder Law for Tennessee on
Answered on Feb 5, 2019
Leonard Robert Grefseng's answer
Unfortunately, the abuse of the elderly is becoming more and more common. One option will be to file a lawsuit against the attorney in fact to set aside and recover any "self dealing" transactions ( hopefully, all of the funds have not yet been spent). A Judge may very well have to decide if your mother in law is indeed competent. ( What does her doctor say about that?) In summary, this I snot something you should try to handle yourself. Consult an experienced elder law attorney for more...

Q: The lease agreement stated we would be liable for the remainder of the rent due unless a new tenant was found.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jan 29, 2019
Leonard Robert Grefseng's answer
It's hard to say precisely without reading the lease agreement, but generally, you are only liable for the costs of re-renting the unit and the amount of rent due during the period of time the unit was vacant. The landlord cannot collect the rent for one unit twice.

Consult an experienced real estate lawyer for advice on your specific situation.

Q: Can I hold tenant liable for damage they caused to my home? (rental property)

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jan 28, 2019
Leonard Robert Grefseng's answer
Yes, "normal wear and tear" are not recoverable, but you can recover for damages which exceed that. Take lots of pictures before an dafter the repairs are made. If you hold a security deposit, you should try to schedule an inspection of the property with the tenants BEFORE you refund any portion of the deposit. They might agree to allow you to keep the deposit in lieu of paying for the damage repairs.

Q: Does a motion need to be filed in order to stop child support in TN once the child graduates from High School?

1 Answer | Asked in Child Support for Tennessee on
Answered on Jan 22, 2019
Leonard Robert Grefseng's answer
Unless you owe an arrearage ( or old past due child support) you should stop paying immediately. Child support ends when the child turns 18 , or graduates, whichever event is last to occur. You only need to file a motion if there is a wage assignment or garnishment in effect, or your employer refuses to stop withholding the funds. The bad news is, if you have overpaid, it's likely that you will not be able to recover the excess. Consult an experienced family law attorney for advice on your...

Q: I got my parent plan adjusted with my ex husband and now he keeps calling me multiple times and being demanding and

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Answered on Jan 22, 2019
Leonard Robert Grefseng's answer
Harassing phone calls can be a criminal offense. At the same time, your parenting plan requires you to make a good faith effort to work with the other parent to resolve minor disputes ( that is what is BEST for your CHILD). If the plan was changed on 1/17/2019- your ex still has time to appeal the court's decision if he disagrees with what the Judge decided.

Any further appeal would be expensive, so you probably need to try to avoid that. Keep your communications brief and businesslike....

Q: What can/should I do if my wife took our two children and left the state, and won't let me have any contact. Options?

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Tennessee on
Answered on Jan 17, 2019
Leonard Robert Grefseng's answer
File for divorce, ask for an emergency hearing, get her served with the papers and go to court. you need to establish jurisdiction here in your home county. Unfortunately, in my opinion, there aren't any other "options"-- for sure, don't try to take matters into your own hands or "steal" the children ( that would make you like her- using the children to try an d hurt the parent). Anyone who odes this could be found unfit to be the primary residential parent ( Tennessee no longer uses the word...

Q: My landlord is selling my house how long to I have to move out and do they have to give me a written notice?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jan 14, 2019
Leonard Robert Grefseng's answer
The length of time depends on the terms of your lease. If there is no written lease and you pay your rent monthly, Tennessee law deems that as a "month to month" lease. if it's a month to month lease, either landlord or tenant can terminate ( end) the lease by giving the other one month prior notice. The notice does not have to be written, but it usually is since the landlord needs to be able to prove that prior notice was given.

Q: i am paying child support on my child, never missed a payment , I am legally still married to the mother

1 Answer | Asked in Child Support for Tennessee on
Answered on Jan 14, 2019
Leonard Robert Grefseng's answer
apply to the child support office for a "review" of your case. You will need to prove that the child no longer resides with her. Keep in mind that the mother may attempt to correct this when she finds out that you have asked for the review. consult an experienced family law attorney for advice on your specific situation.

Q: If I filed unruly for one child would the court say I won't be able to handle my other 2 and be taken into DCS custody

1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Answered on Jan 11, 2019
Leonard Robert Grefseng's answer
your question can't be answered without a thorough and complete review of all circumstances, which is beyond the scope of this question and answer format. Consult an experienced family law attorney for advice on your specific situation.

However, strictly speaking - a juvenile petition on one child is limited to the issues concerning THAT child, so unless there is some further inquiry, the situation of the other two children will not be addressed in court.

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