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Tennessee Questions & Answers
0 Answers | Asked in Employment Law for Tennessee on
Q: can an employer make an employee pay for parts that the employee neglectfully ruined when repairing a vehicle?

an employee did a brake job including bearings and races on a trailer. He neglected to do the job correctly, the vehicle left and the brakes, bearings, and seals were ruined because he was not careful and tightened them too tight thus causing them all to burn up. He was instructed specifically how... View More

2 Answers | Asked in Real Estate Law for Tennessee on
Q: My deed includes a right of way through my neighbor’s adjoining land for the only available access to nearby public road

but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?

Greg

gwpreach1@gmail.com

Anthony M. Avery
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answered on Apr 19, 2024

Reciting a ROW in your Deed and/or chain of title means nothing. The Easement must be in the servient tenement's title. Hopefully you have an express Easement or at least by Prescription. You must hire an attorney to search both titles, and probably file suit to Declare or Enforce a ROW.... View More

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0 Answers | Asked in Insurance Bad Faith and Real Estate Law for Tennessee on
Q: If a previous owner left some of their possessions in the house I just closed on, can they still come and claim them?

I closed on my house in January, the previous owner left a few things here and I only agreed to hold onto a few of them until she came to get them. Can she take everything she left or just the stuff I agreed to hold for her? It doesn't mention any items listed in the closing documents.

0 Answers | Asked in Sexual Harassment for Tennessee on
Q: my uncle & his gf got me blackout drunk & proceeded to have sex w me, is this rape, they say I wanted it but I didn’t

We had recently been reunited after being apart 17 yrs due to him being taken away & adopted - he’s 2 yrs older than me, upon the reunion we decided to celebrate and all three got drunk together, we then proceeded to go to their bedroom under the pretense that we would hang out in there bc it... View More

0 Answers | Asked in Education Law for Tennessee on
Q: What are tn laws on transgender students?
1 Answer | Asked in Estate Planning for Tennessee on
Q: Division of inheritance when one or more children die. Spousal and grands concern. Following is more in depth question.

Three children. All married. Want to put the house in all three of their names. However if one child dies, I want the remaining two to get the third chip’s portion to divide. I do Not want my child’s widower Or even my grandchildren to inherit that portion. Strictly want my children to have... View More

Anthony M. Avery
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answered on Apr 18, 2024

You could convey to each of the three kids as joint tenants with right of survivorship. Rarely do I suggest that estate but it appears to meet your wishes. However during the three, then two childs' lives somebody has to pay taxes, insurance and possibly a deed of trust note. Also the... View More

0 Answers | Asked in Child Support for Tennessee on
Q: I’m about 12 weeks pregnant and want to know if I can start collecting child support now in TN?

I was looking into the unborn child support act for TN and need to know how that applies to me and what steps I need to take to collect from the father of my child.

1 Answer | Asked in Probate for Tennessee on
Q: I was named as executor of a will. I sent a renunciation form to court. Is that sufficient?
Anthony M. Avery
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answered on Apr 18, 2024

If you do not take the fiduciary oath, then you will never be the fiduciary. If someone calls you about it, explain that you refuse to be the executor.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I got pulled over for violation of vehicle registration and I have a mandatory court date. What should I do?

Im 19 and I'm just a little confused. I cant find any information online. What documents do I need to bring?

Anthony M. Avery
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answered on Apr 18, 2024

Current Registration of the vehicle is needed in Court. Also bring your TNDL and Insurance. If you were not currently registered, but are now, you might get it dismissed on costs.

2 Answers | Asked in Criminal Law and Securities Law for Tennessee on
Q: My son borrowed my truck got pulled over and they seized my truck .haven't got any paper work hoe do I get my truck bac

He was takin a guy home that jyst showed up at his house . The guy had parole violation on him and tried yo take control of the truck .when my son got it stopped and tried to tell police what happened they didn't care the guy threw all his drugs in the floor. They took my son to jail and let... View More

Anthony M. Avery
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answered on Apr 18, 2024

Son needs an attorney now. There may be a Forfeiture Warrant on the truck, so then DOS is involved requiring a bond and a hearing. Son needs to prepare for a Preliminary Hearing. The truck is probably the least of your worries.

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: I want to add my wife to the title to our property here in Gallatin TN. Can I do that myself or do I need an attorney?
Anthony M. Avery
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answered on Apr 17, 2024

Hire a competent attorney to draft that Deed. There are several different estates that could be created, not just putting her on the Deed. Ask the lawyer for the choices, and if he does not know what to explain, go somewhere else. It should not cost more than $300. If there are any problems,... View More

0 Answers | Asked in Child Custody and Family Law for Tennessee on
Q: In TN, in regards to court ordered 3rd party agency supervised visits with your child what is provided for in legal code

Are the supervisors required to have certain qualifications, licensure, certifications, etc? Is there a cap on the fee for supervision? what is the legal definition of third party agency? If a parent is unable to pay for the supervision fee do they just forfeit their right to visit with their... View More

0 Answers | Asked in Criminal Law, Products Liability, Civil Litigation and Civil Rights for Tennessee on
Q: I got a driving on revoked in 2013. When I was 22 the dui came back negative , so I never paid it nor signed to plea. I

I got pulled over. When I went to court I got 6 month probation or until fines and fees were paid in full. Heather Bogess had my brother and upon metting her she told me she didn't think she would like me and would give me a hard time . She made the comment my brother would die and I... View More

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: My parents purchased a trust in Tennessee, the person who sold it was not an attorney and the fee went to the non attor

the fee was paid to a non legal office , the attorney drafted the trust and everything looks good, but is it legal for a non attorney to sell a trust and the money paid to the non attorney?

Anthony M. Avery
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answered on Apr 17, 2024

Trusts are not bought and sold. Often a trustee will sell trust corpus in parts or whole. Either you misunderstand what has occurred, or there is a fraud involved. You might be talking about the purchase of a Deed of Trust and the Note it secures, which is the transfer of a mortgage... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: How long is the statute of limitation for attempted domestic strangulation?
Anthony M. Avery
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answered on Apr 17, 2024

I doubt attempted strangulation is a crime in Tennessee. But most likely a maximum of 8 years from the strangulation incident would be the SOL for a charging instrument to be issued or returned.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Can i carry a gun at 18-21 in TN considering the permitless carry laws, private sale, and the court cases about the age?

I know there’s been cases from gun groups during the state to where the agreement made at the conclusion seems to allow 18-21 to carry without prosecution because of age. I also know at 18 you can legally buy a handgun from private sale. I’d rather be judged by a jury then dead, but would i win... View More

James L. Arrasmith
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answered on Apr 16, 2024

The current gun laws in Tennessee regarding permitless carry and the legal age to possess a handgun are somewhat complex due to recent court cases and legislative changes. Here is an objective overview of the situation as of August 2023:

In 2021, Tennessee passed a law allowing most adults...
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0 Answers | Asked in Juvenile Law for Tennessee on
Q: If I’m 17 and respond to some bullies 12-13 with “kys” can I be in legal trouble

I’m 17 and I have been getting bullied by a group of middle schoolers aged 12-13 the form of bullying is both verbal and cyber. Every time they say something very mean or threaten me I tell them to “commit suicide” and then they start playing the victim card. Does this make me the bully even... View More

1 Answer | Asked in Family Law for Tennessee on
Q: I just received a letter that I was being found substantiated for comiting child abuse or neglect for drug exposure

What am I to expect what should i do

Anthony M. Avery
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answered on Apr 19, 2024

Your facts seem confusing. But you definitely do not want to talk to anyone about any kind of child abuse except an attorney. It may be time for a new phone, and definitely do not use illegal drugs. Hopefully you will not be charged, but be ready to make bail and hire an attorney.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can a lawyer notarize a document he was paid to draft and file on behalf of his client ?

In a parental agreement ejudication

Anthony M. Avery
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answered on Apr 15, 2024

Yes

0 Answers | Asked in Divorce for Tennessee on
Q: Do I need to have my divorce papers from Israel filed in the US?

I was married in the US then moved to my ex- wife's country, Israel. We divorced there and I have had my divorce papers apostilled by the secretary of state here in TN. I don't know if I need to file them with a court here also.

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