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Tennessee Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Tennessee on
Q: In which state do I file a civil action of elderly abuse/ financial exploitation; state of the abused or state of abuser

Brother resides in Ga, has power of atty, guardianship and executor of estate for my living elderly parents who live in Tennessee. Financial exploitation and emotional abuse.

Which state do I file for prosecution.

Anthony M. Avery
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answered on Jan 25, 2024

You call the LEO in the County and State where crimes occurred.

1 Answer | Asked in Elder Law, Estate Planning, Land Use & Zoning and Real Estate Law for Tennessee on
Q: For nursing home care will Medicaid look at the purchase of two plots of land individually or together for FMV?

I am purchasing two plots of land from grandfather. Each plot has a tax assessed value of roughly $22,500, totaling $45,000. My family is using this number to determine fair market value. I have purchased one plot already with a $35000 mortgage loan to secure better interest rate and terms. My... View More

Nina Whitehurst
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answered on Jan 14, 2024

Your question is very astute. I assume that you are concerned about this from your grandfather's perspective rather than your own, though you did not say one way or the other. The chances are good that Tenncare will look at this as two separate transactions because it sounds like they are... View More

1 Answer | Asked in Elder Law for Tennessee on
Q: I have a ticket for due care , idk what to expect. and have no clue what my charges could be. Will I face jail time
Anthony M. Avery
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answered on Jan 3, 2024

That is a C misdemeanor, rule of the road violation. Go to Court respectful and maybe some type of diversion will occur where no points go to your MVR. You could hire an attorney, especially if there was a collision, as insurance will be involved.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Tennessee on
Q: Removed from Will by executor after the executor

I was recently removed or excluded from Will that my grandfather had created by the executor. I believe this is not against the desires, or the will unless intestine of my grandfather, which I do have, but I have not have the signed copy of the executor has changed this and has no longer following... View More

Anthony M. Avery
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answered on Dec 6, 2023

What is your question? You will have to rewrite your request.

1 Answer | Asked in Family Law, Legal Malpractice and Elder Law for Tennessee on
Q: My cousin lives out of the country. His mother, my aunt, has dementia. Am I legally responsible for her if he has POA?
Joel Gary Selik
Joel Gary Selik
answered on Nov 30, 2023

You are not legally responsible for your aunt unless you have taken on that responsibility.

2 Answers | Asked in Elder Law and Probate for Tennessee on
Q: How can they avoid or lessen the estate recovery?

Like: My parents have lived in their home for the past 39 years. But it remained in my grandmothers name even though she did not live in the home for the past 39 years. She left it to my dad in her will. Now tenncare estate recovery is coming after the home because one of her other children put her... View More

James L. Arrasmith
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answered on Oct 24, 2023

In situations like this, the primary concern is addressing the estate recovery claim made by TennCare. To potentially avoid or lessen the estate recovery:

1. Gather evidence to demonstrate the significant contributions and expenses your parents made towards the property, such as records of...
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1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Do we need to go to court, in TN, to terminate an irrevocable trust, in which a home is included?

Home in an irrevocable trust. Selling the home now, but grantor is still alive. All beneficiaries, trustee and grantor are in agreement to terminate trust. That way we could avoid paying taxes on all profit, and be able to get the first $250 k in profit free of taxes. Could we do it without having... View More

Anthony M. Avery
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answered on Oct 11, 2023

If the purchaser wishes to take such a title risk, then all interested parties might sign deed as grantors. But I would not draft that deed. It is recommended that a competent attorney be retained to read the Trust, search the Title, then file suit in Chancery to get authority to convey.... View More

1 Answer | Asked in Elder Law for Tennessee on
Q: And Tennessee is it OK for a spouse with POA to take the money and give it to her son and not respect the wishes of the

My stepmother, 91 years old being controlled by her son has POA of My Dad and giving all his money to her son is this allowable

Anthony M. Avery
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answered on Oct 4, 2023

Someone with an interest and legal standing can sue the attorney in fact for breach of fiduciary duty. But there may not be anyone with standing. Hire a competent TN attorney to look into it, especially if it is a large amount of money/property involved.

1 Answer | Asked in Real Estate Law and Elder Law for Tennessee on
Q: My parents own a lot in Knoxville. My dad needs to sell it but my mother has dementia and there’s no POA. Options?

My mother has been living in a memory care facility in Washington county, OR since 2016 and my father lives in Manatee county, FL. He is running out of money and needs to sell it. The lot is in a neighborhood in Farragut, a suburb of Knoxville. What options does he have to either sell or get money... View More

Anthony M. Avery
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answered on Mar 27, 2023

Has anyone offered Mother a QCD to sign? There may be potential State Liens, so a title search is needed. A Partition Sale might work where a Guardian is appointed for her, but again, Liens could attach to proceeds.

2 Answers | Asked in Criminal Law, Estate Planning, Family Law and Elder Law for Tennessee on
Q: can he/she get a warrant out on them based on accusations? without questioning the other party beforehand

can they get a warrant out on someone without facts after threatening other parties. making accusations

Brandon D. Fersten
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Brandon D. Fersten
answered on Mar 27, 2023

Unfortunately he said/she said occurs in far too many criminal cases but the allegations of one individual is enough for the police to get a warrant for your arrest if it is enough evidence to support probable cause of the offense. If the individual is making threats to you and/or other individuals... View More

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1 Answer | Asked in Elder Law and Estate Planning for Tennessee on
Q: At what point does the state of Tennessee appropriate land for elder care?

The land belonging to the senior. If a beneficiary is added to the land title? Is there restriction if the land is under a land contract?

Anthony M. Avery
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answered on Mar 9, 2023

There is no minimum, and I have seen the State pursue to sale a $ 17,000 lien. The owner needs an attorney to look at options, for which time is a consideration. There are criminal sanctions involved, so it is serious. With a house and alot of acreage, very good options exist.

1 Answer | Asked in Civil Litigation and Elder Law for Tennessee on
Q: Sold my home in October, opened joint acct with daughter to build a MIL on her property. Without permission she removed

me from account. I Had made deposit of $30,000 on construction start. Then she removed my name from account when Balance of account was $197,000. Total build amount was $110,000. She stole my money! Can I Sue her?

Anthony M. Avery
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answered on Mar 3, 2023

You can sue her for conversion, unjust enrichment, etc. However she can claim you gave the money to her when you opened the joint account. You might be able to claim a Resulting Trust with good evidence, and then file a Notice Lis Pendens on the title.

2 Answers | Asked in Real Estate Law, Banking and Elder Law for Tennessee on
Q: Trying to see if I can setup a Mortage Agreement. When I pay off the mortage on the house the house is transfer to me

I'm current living with my grandma helping her out, Well she has a Reverse Mortage on the house and they are asking about $100,000 for it if she pays it. How ever I am going to get a Mortage to pay the house, I would like to see if I can setup a agreement so soon I pay the reverse mortage off... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is important to consult with an attorney who specializes in estate planning and real estate law in your state to help you navigate this process. They can advise you on the legal options available to you and help you draft a legally binding agreement that ensures the transfer of the house to you... View More

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1 Answer | Asked in Family Law, Probate, Elder Law and Estate Planning for Tennessee on
Q: How can I file charges against a brother and sister that removed and sold cars titled to dad mom is still alive.

Auto,s guns and much more taken an sold . They are taking from my mom which is elderly but is of sound mind herself

Nina Whitehurst
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answered on Feb 13, 2023

First you would need to get yourself appointed as the executor or personal administrator of your dad's estate. Then you would be tasked with marshalling your dad's assets and if some of them were stolen then you could file lawsuits against the thieves for return of the assets or the... View More

1 Answer | Asked in Elder Law for Tennessee on
Q: Can a Durable Power of Attorney access a ROTH IRA held at Vanguard for health care and living expenses?

Account owner is in memory care.

Anthony M. Avery
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answered on Jan 31, 2023

It should if it is drafted and executed correctly. Administrator will probably want an original DPOA, unless you can get them to accept a copy. If not, a conservatorship may be preferable instead of a Declaratory Judgment and Recovery Action where jurisdiction will always be a problem.... View More

1 Answer | Asked in Elder Law for Tennessee on
Q: How to change a POA for someone who's incarcerated?

He's 79 his wife has had poa for the past few years altho they've not lived together for the past 15 years. He no longer wishes for her to have poa so I'm wondering how does he change it

Anthony M. Avery
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answered on Jan 9, 2023

He Revokes the POA in writing under a Notary. Execute about 3 originals. Send one to the attorney in fact, and record one in the County he may have property. If there is a Bank involved, deliver one to it first.

1 Answer | Asked in Contracts and Elder Law for Tennessee on
Q: When filling out POA for Health Care, there is a section that ask about the "undersigned." Who's the undersigned?

"... by the undersigned, _____________, who is personally known to me or satisfactorily proven to me to be the person whose name is subscribed to the within instrument."

Anthony M. Avery
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answered on Nov 22, 2022

If you are giving someone a Power of Attorney over you, then you are the undersigned.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Tennessee on
Q: Can a will be contested if the deceased was not competent while signing the will? Example: dementia.
Nathaniel R Ogle
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Nathaniel R Ogle
answered on Nov 21, 2022

Yes, one can contest the probate of such a will under those circumstances in Tennessee. I would suggest you speak to qualified legal counsel to pursue this action.

1 Answer | Asked in Real Estate Law, Foreclosure and Elder Law for Tennessee on
Q: Can a lender foreclose on a homeowner with dementia?

My father-in-law has recently started showing signs of dementia, and the family is in the process of having him diagnosed. Apparently, his cognitive deficit has been going on much longer than we suspected. His homeowner's insurance policy lapsed, and the lender foreclosed and sold the home. No... View More

Anthony M. Avery
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answered on Jun 8, 2022

This happens alot and dementia is not a defense to a Trustee's Sale. Hire a competent attorney to search the Title and see if there was a Surplus. Setting aside the Sale for even irregularities is probably moot; it needs to be enjoined prior to the Sale.

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Do i need a lawyer to represent me in a conservatorship case ?

I've been taking care of a family friend for the past 2 years and recently he had his leg amputated. His sister came down from Chicago to visit with him. We both were his medical POA. Until his sister tried to put him in a nursing home far away from anyone. He then took her off as POA, now... View More

Nina Whitehurst
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answered on May 27, 2022

You are not legally obligated to hire an attorney to represent you. You can legally represent yourself. However, you will probably obtain a better result and have more confidence with what you are doing if you hire an attorney to help you.

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