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Tennessee Questions & Answers
1 Answer | Asked in Health Care Law and Medical Malpractice for Tennessee on
Q: Can I sue a large hospital for dropping the ball about 4 times before I got help for a severe case of sepsis

I think it first started with the placement of my pacemaker in January of 2022. I told the nurse I had a serious sinus infection and should we not wait? I was ignored.

Then on February 28, 2022 I finally succumbed to a severe case of sepsis and ended up in the hospital where I almost died.... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 11, 2024

Yes you may have a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

1 Answer | Asked in Business Formation, Business Law and Tax Law for Tennessee on
Q: Does a DE nonprofit have to file a foreign qualification in TN if the sole member/directors merely lives in Tennessee?

No business will be conducted in TN. The DE Nonprofit will not actively be seeking out donations or soliciting donations particularly from TN residents, although the NP may accept donations from TN residents. Solicitation of charitable donations will be passive from the NP website.

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information provided, it is unlikely that the Delaware nonprofit would need to file a foreign qualification in Tennessee solely because one of its directors or members lives there, as long as the nonprofit is not actively conducting business in the state.

However, there are a...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My husband passed away in January and his mother went and took all his belongings out of our cabin. A crime??

Me and our children are the heirs. What can I do she won't speak with me.

Nina Whitehurst
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answered on Apr 10, 2024

Hire a probate attorney. Get yourself appointed as executor or personal representative. Then as executor or PR sue her for the return of items stolen from the estate.

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2 Answers | Asked in Tax Law for Tennessee on
Q: In Hardin county Tennessee if I pay 11 years of back taxes on a property can I put a lean on it to gain ownership
Anthony M. Avery
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answered on Apr 9, 2024

No, you would only be paying some other owner's taxes. Hire a lawyer to search the title and contact the Trustee and County Attorney about getting it on the next tax sale. If you are the successful bidder, you will need your lawyer to help you with a deed after the sale is confirmed. You... View More

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1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Lawyer stated all interested parties were notified and they were not. Judgement has been decided. What are our options?

Relative died w/o a will. By law, there were over 10 heirs. One heir petitoned to become the adminstrator. Heirs received paperwork, that there was a hearing and the the 1 heir was made the administrator. Paperwork also states that all interested parties were notified of the hearing, but we... View More

Anthony M. Avery
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answered on Apr 9, 2024

What Judgment are you concerned with? Probate is a lengthy, difficult process. An Administrator was probably appointed and received Letters. Hire a TN attorney to represent you and possibly other Heirs and Next Of Kin. Alot of work has to be filed quickly by the fiduciary, and if not, a... View More

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Husband received speeding tickets 6 years ago. Was notified by the state of TN that his cdl class b was now suspended
Anthony M. Avery
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answered on Apr 9, 2024

He needs to contact the various Courts that have each Citation and pay them, getting receipts. Then contact DOS about how to reinstate CDL.

1 Answer | Asked in Family Law and Tax Law for Tennessee on
Q: I am legally seperated as of October 2023 with final decree. Do I file as single or married filing separately/jointly?

I'm getting conflicting information. My ex wifes financial advisor says to file married jointly but IRS and TurboTax seem to say file as single.

James L. Arrasmith
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answered on Apr 9, 2024

Based on the information you provided, since your divorce was finalized in October 2023, your tax filing status for the 2023 tax year (which you would file in 2024) should be "single."

The IRS determines your marital status on the last day of the tax year (December 31). If you...
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1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I was driving someone else's car and got a ticket for no insurance, they have insurance now

Do you think that the judge will drop the ticket

Anthony M. Avery
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answered on Apr 9, 2024

Hire an attorney to go to Court with you. The Financial Responsibility Statute may suspend your DL, and there may not be anything to do about it. Bring owner to Court with you, but it was your offense.

0 Answers | Asked in Juvenile Law for Tennessee on
Q: Does the Tennessee Juvenile Reform Act of 2018 limit the Juvenile Court to sentencing a Juvenile offender to 6 months.

The Juvenile offender is 15 he is charged with Criminally Neglegent Homicide Class E Felony and is not being tried as an adult. The case is being heard in Juvenile Court.

1 Answer | Asked in Social Security for Tennessee on
Q: Please read more information below

I am 71 years old and live only on social security and two very small pensions totaling $400. Can my income be garnished if I cancel my debt relief company.

James L. Arrasmith
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answered on Apr 11, 2024

In most cases, Social Security benefits are protected from garnishment by creditors. However, there are a few exceptions where your Social Security income can be garnished, such as for:

1. Federal income taxes

2. Federal student loans

3. Child support and alimony

4....
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2 Answers | Asked in Criminal Law and Municipal Law for Tennessee on
Q: What are the penalties / punishments / consequences for failure to report a dead body?

I understand that it is called a Class A Misdemeanor. What does that mean?

James L. Arrasmith
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answered on Apr 13, 2024

The specific penalties for failing to report a dead body vary by jurisdiction, but in general, a Class A misdemeanor is one of the more serious types of misdemeanors. Here is some general information about Class A misdemeanors and the typical consequences:

- Class A misdemeanors are...
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1 Answer | Asked in Consumer Law for Tennessee on
Q: I currently am using a debt relief company but I just can’t afford the monthly payment any longer after more than a year

I am 71 years old and live only on social security and two very small pensions totaling $400. Can my income be garnished if I cancel my debt relief company.

Anthony M. Avery
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answered on Apr 8, 2024

You might hire an attorney to examine your assets and possibly file a Notice of Exempt Property. Or a Chapter 7 Bankruptcy might work better. And yes, if there is a judgment against you, most sources of income can be garnished.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: We received our original mortgage documents with it stamped "PAID IN FULL" before our actual mortgage is paid off.

We spoke with the mortgage company and they didn't care. We contacted the company that sent us the deed of trust and they have still not responded to us. Is it legal for us to have this in our hands at the moment? What is the right thing we should do with this?

Anthony M. Avery
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answered on Apr 8, 2024

Something does not sound right. Hire an attorney to search your title and examine all instruments and debt statements. If you refinanced, then that is what has occurred to the original trust deed and note, with a new debt outstanding that is secured by a another deed of trust.

1 Answer | Asked in Car Accidents for Tennessee on
Q: Need help with a resolved insurance claim that has been reopened 15 months later.

On Aug 8, 2022, my then 18-year-old son, hit a 2014 F150 while backing out of a Texas Roadhouse parking lot resulting in a small scratch/dent in the right rear along with a broken tail light. We offered to pay for it out of pocket however, the insured would not return calls and we later received a... View More

James L. Arrasmith
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answered on Apr 7, 2024

In this situation, you have a few options to consider:

1. Review the initial claim documentation: Carefully review the original estimate, payment receipt, and the letter from the subrogation company stating that the claim was resolved and their file closed. Check if there was any mention of...
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1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: my dad's name is on the deed to my house, along with me and my wife can my stepmother try to get a portion of the equity
Anthony M. Avery
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answered on Apr 8, 2024

You have not stated the exact estate. Assuming Dad is married to stepmother, if Dad dies intestate then she will be an heir at law as a tenant in common with you all of some undivided interest.

2 Answers | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Does my 18-year old child need to file form i-360, in order to submit her adjustment of status package (1-485 & i-765)?

I am at the verge of filing a VAWA petition, based on repeated abuse suffered from my USC spouse. I intend to include my child (18-year old, single and lives in the U.S) as a derivative applicant on my i-360 petition, to enable him file both form i-485 and i-765 concurrently. Since I will be filing... View More

Ghenadie Rusu
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answered on Apr 6, 2024

The USCIS allow for the children of a principal applicant filing under VAWA to be included as derivative beneficiaries if they are unmarried and under 21 years of age. Therefore, your 18-year-old child can be included on your I-360 petition as a derivative beneficiary. No additional I-360 on his... View More

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0 Answers | Asked in Child Custody and Family Law for Tennessee on
Q: Is it constitutional to have to pay a supervision fee to see your child?

I was ordered to supervised by a third party agency visitation. It is$75 for a one hour visit. Resulting in unnecessary financial strain on me if I want to visit my child. How is this legal?!

1 Answer | Asked in Child Custody for Tennessee on
Q: Is it constitutional to have to pay a supervision fee to see your child?

I was ordered to supervised by a third party agency visitation. It is$75 for a one hour visit. Resulting in unnecessary financial strain on me if I want to visit my child. How is this legal?!

Hannah Burdine
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answered on Apr 6, 2024

It depends. While true, that interference with parental rights is interference with one of the fundamental sticks in the bundle that composes our liberty interests, the rights of the child to be safe and secure also must be weighed against the parents rights. There shouldn’t be supervised... View More

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