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Questions Answered by Leonard Robert Grefseng

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Do I need to pay rent for June if I'm still being evicted after payment for June

I was told that even if I pay June's rent I will still be evicted

Leonard Robert Grefseng answered on Jun 24, 2019

I believe most Judges will order rent to be paid for the entire time your actually occupy the premises. Talk to the landlord about applying your security deposit the final rent bill, perhaps they will agree to let you skip the month if the security deposit is large enough- get it in writing if they... Read more »

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

Q: If someone is adopting the child and they say they don’t want the back child support?

Does the child support still have to be paid? In Chattanooga TN

Leonard Robert Grefseng answered on Jun 24, 2019

The termination of parental rights required in an adoption will terminate the current child support obligation, but it does NOT terminate any arrearages or past due support. However, it would be up to the recipient to take action to collect it, and if they are not very aggressive in doing so, it... Read more »

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

Q: Can my ex be ordered to pay child support for disability son after 18/

My son is going to be 18 in September and has Aspergers

Leonard Robert Grefseng answered on Jun 20, 2019

Tennessee law provides for continuation of child support beyond the normal/usual termination time ( which is age 18 or graduation, whichever is last to occur) IF the child is disabled. See Tennessee Code Section 36-5-101(k). The definition of disability is that set forth under Federal law in the... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on

Q: If a non family member opens probate and becomes executor without a death certificate, is the appointment valid

For an update, the person opened probate and got the papers and did not have a death certificate and over 2 months later in probate court the Judge mentioned the court never received a death certificate.

Leonard Robert Grefseng answered on Jun 20, 2019

Your question is unclear- by saying there is no death certificate, are you saying the person is not dead?! Tennessee has a statute which sets an order of priority for those serving as administrator of an estate (when there is no will). Usually a will contains a paragraph naming who is to serve as... Read more »

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

Q: Do i have to continue to pay child support if the child refuses to have visitation with me or any contact whatsoever.

He will graduate this coming year and be 18 in January.

Leonard Robert Grefseng answered on Jun 19, 2019

yes, you must continue to pay. Child support terminates when the child turns 18, or graduates from high school, whichever event occurs last , so in your case, it sounds like it will be graduation, which usually take place in May.

2 Answers | Asked in Real Estate Law for Tennessee on

Q: My ex husband & I own a home together which we bought while married. The deed lists both our names but me as wife.

We are currently both still living in the home and have no plans to sell it. Should one of us die, we want the full ownership of the home to become that of the surviving owner. Do we need to change the wording of our deed for this to happen or will it automatically go to the surviving owner even... Read more »

Leonard Robert Grefseng answered on Jun 18, 2019

It will NOT automatically pass to the surving spouse ( strictly speaking, you are not a spouse). A new deed needs to be prepared, signed and recorded which adds survivorship rights.

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1 Answer | Asked in Business Law and Municipal Law for Tennessee on

Q: We want to sell beer in our family's corner store. Back in 2000 my father tried to get a permit to sell beer and a local

Church objected, so his permit was denied. Are we still at risk of that happening today if we reapply? The church is not adjacent to the store and is not touching the property line. It's roughly a quarter mile away.

Leonard Robert Grefseng answered on Jun 17, 2019

Probably- most cities have local ordinances which specify that any business selling alcohol have to be located various distances from churches or schools. ( The distance can vary- depending on whether the sale is for consumption on the premises or for "take out" - it can also vary for beer/ wine or... Read more »

1 Answer | Asked in Divorce for Tennessee on

Q: Is sexting during a separation illegal?

Leonard Robert Grefseng answered on Jun 17, 2019

It not "illegal" but it is NEVER a good idea.

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

Q: I have an interstate child support order.

I initiated the case in TN as that is where my daughter and I live. Father(NCP) was living in NY state at the time. NY filed the paperwork and ordered him to have employer pay weekly as well as cover daughter with medical insurance. This worked fine until my ex willfully quit his job and moved... Read more »

Leonard Robert Grefseng answered on Jun 17, 2019

Tennessee- they will let New York know to cease efforts and Tennessee will need to send the order to Arkansas for enforcement.

1 Answer | Asked in Family Law for Tennessee on

Q: In the state of Tennessee whose place is it to provide and pay for child care if the mother has full custody

The father only get the children every other weekend and does pay child support per divorce and parenting plan

Leonard Robert Grefseng answered on Jun 17, 2019

The cost of work related child care is a component of the child support, so if the child support has been figured correctly, the mother, as the recipient of the support, would be paying for the child care.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: I reside in Tennessee & want to evict two people who live with me that do not have a lease, and possess an illegal drug.

The eviction is due to finding them in possession of an illegal drug, and violating a verbal rental agreement for them not to come home intoxicated or bring home any alcohol. There is no lease involved. And they were never asked to pay rent. We allowed them to live with us to help them get back on... Read more »

Leonard Robert Grefseng answered on Jun 12, 2019

This problem occurs frequently among family, etc. Strictly speaking, since there is no lease and there was never a demand for rent, these people are NOT actually tenants- they are "guests"- and you have the right to ask them to leave at any time, just like you might have allowed a door to door... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Insurance Bad Faith and Insurance Defense for Tennessee on

Q: When your license gets suspended for not being insured Do they revoke all registrations in the vehicle owners possession

I was in an accident and i was uninsured. So i got a ticket and license suspended. Does this on affect the vehicle that was in the accident?Or does that include both of my vehicles?

Leonard Robert Grefseng answered on Jun 12, 2019

If I understand your question correctly, I think you misunderstand the difference between your LICENSE and the vehicle REGISTRATION. these two things are not the same. Your license is for you only- it is the authorization that you can legally drive a vehicle ( ANY vehicle, even one you don't... Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: I live in Tennessee and the non custodial parent resides in Mississippi. How can he be served if he can't be located.

I keep getting told that the state of Mississippi is having trouble finding him. So my question is how can he get served?

Leonard Robert Grefseng answered on Jun 6, 2019

Sorry, but there is simply no easy answer- in order for the Judge to proceed, the court rules require that he be served/be notified of the lawsuit. In rare cases, it may be possible to convince the Judge that the person is "evading" service of process ( that is, that the person is intentionally... Read more »

2 Answers | Asked in Bankruptcy, Copyright, Arbitration / Mediation Law and Collections for Tennessee on

Q: Attempt to be served after setting up payment arrangement with creditor’s lawyers.

I have had correspondence with lawfirm who agreed to payments on a debt. Today there was a card from a lady who tried to serve me for a lawsuit. I haven’t been able to find anything about the lawsuit yet and am unsure of how i would find this. Any advice? The payments have not defaulted.

Leonard Robert Grefseng answered on Jun 6, 2019

If a lawsuit has been filed, it is a public record at the courthouse. However, it will only be filed in one county ( not all of them) and many times, the plaintiff has a choice as to which county they may elect to file in. For example, if the debt is the result of an auto accident, the plaintiff... Read more »

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1 Answer | Asked in Civil Litigation for Tennessee on

Q: Can a mechanic sue me or stick me with a bill because we referred someone to them, and the customer didn't pay?

In the middle of the night my girlfriend received a call from a lady that she's known for at least 10 years. Her car had broke down off an exit about 35 minutes from our house. We suggested she take her car to someone local and it was towed to this guys home based shop. He diagnosed her vehicle as... Read more »

Leonard Robert Grefseng answered on May 27, 2019

People often make threats that they don't intend to carry out in an effort to force payment. If you did not authorize the work, you are not liable for the bill. if he calls again, just make that very clear- he should pursue the car's owner for his bill.

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

Q: The co-parent and I do not have a custody agreement. Live states apart.

She only let's me talk to them if I send her money. I am behind on child support but working and paying it off. It takes 50% of my income. I have receipts where I have sent the co-parent thousands of dollars outside of child support, but I have not been allowed to see them in 2 years. Now she says... Read more »

Leonard Robert Grefseng answered on May 23, 2019

Although it will take time and a lawyer, you need to file court papers to set up a "parenting plan" or schedule of visitation. You are required to pay child support, but at the same time , she is required to allow you to have time with the children. If you get a Judge to order the scheduled... Read more »

2 Answers | Asked in Real Estate Law and Environmental for Tennessee on

Q: What kind of lien can we place on neighbor's property? Pond built causes flooding on our property & foundation sagging

Neighbors down creek installed pond, now backs into our yard when it rains, they won't fix & now they are selling. We have lived in our home for 19+ years they built their home about 9 years ago then installed a pond in the middle of the creek, they changed the height & redirected the creek. Now... Read more »

Leonard Robert Grefseng answered on May 3, 2019

The statue of limitations is a real problem and I also agree that you can't file a lien in this situation. However, there can be a claim for what the law calls "creating a continuing nuisance." In other words, every time it floods, there may be another opportunity to file suit, especially if the... Read more »

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2 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Real Estate Law for Tennessee on

Q: Does a seller have a responsibility to sell what they advertise if they use as is in the contract

I bought a lot that previously had a trailer on it and although the trailer had been moved it was advertised as with utilities. I paid more for the utilities than the land and now discover the septic collapsed and the electric pole is no good and must be replaced. The seller says he sold me the... Read more »

Leonard Robert Grefseng answered on Apr 30, 2019

Possibly- but it will mean filing a lawsuit against the seller. Intentional misrepresentation ( also called "fraudulent misrepresentation") can be the basis for rescission ( un-doing) a contract. You basically have to prove the seller lied to you, which can be difficult. consult an experienced... Read more »

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1 Answer | Asked in Divorce for Tennessee on

Q: Getting a divorce been married 5 years and my husband never let me work was very controlling. Was not allowed any money

Getting a divorce been married 5 years and my husband never let me work was very controlling. Was not allowed any money, no friends had to stay at home all day everyday. I was also mental abuse by him by calling me names all the time, cussing me, yelling at me, always saying nasty things to me.... Read more »

Leonard Robert Grefseng answered on Apr 26, 2019

I would expect some form of spousal support ( legal term is "alimony") would be appropriate in your situation. There are several different types of alimony, but you have only been married a short time and there are a number of other different factors the Judge must take into consideration in making... Read more »

2 Answers | Asked in Probate and Estate Planning for Tennessee on

Q: My Mom died and now step father died. Does his grown kids get the house ? No will does my sister and I have any rights?

House was in both their names. His kids have moved in the house. My sister and I got nothing.

Leonard Robert Grefseng answered on Apr 24, 2019

Unable to answer without a review of the deed: when you say in was in "both names," Tennessee law assumes if they were married that "survivorship" rights exist and thus when your mom died, the step father became the sole owner by virtue of the survivorship rights ( the legal term is "tenants by... Read more »

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