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Tennessee Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How much can I ask for after only 2 years of marriage to relocate. I have no money.

After 2 years of marriage, my husband wants a divorce. I have no money. Husband has about 300,000 in assets.

I want to make a small reasonable request so I can have money to rent me somewhere to live. I live in TN.

Anthony M. Avery
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answered on May 23, 2023

That short marriage does not give you an interest in his separate properties. Instead you should have your lawyer demand what you need to transition for the next five years, and not agree to an ID divorce until you get what you want. Without an agreement, he will have to prove grounds for the... Read more »

2 Answers | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: Is my mother or are my two brothers and I entitled to part of insurance money if deceased father was a co-beneficiary?.

My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on May 14, 2023

This question demonstrates a problem with relying on beneficiary designations as an estate planning technique (yes, even for life insurance). When more than one person is named as a death beneficiary, with nothing more, there is an ambiguity created as to what should happen if one of them... Read more »

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2 Answers | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: Is my mother or are my two brothers and I entitled to part of insurance money if deceased father was a co-beneficiary?.

My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... Read more »

Anthony M. Avery
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answered on May 12, 2023

Insurance Carrier is not required to notify anyone. If Father's Will was probated, then the Mother should have received 1/3 as beneficiary of the Estate of one of the designated beneficiaries. She needs to file a claim with the insurance co., which I suggest be done by an attorney. If no... Read more »

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1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Tennessee on
Q: I want to know if I can sue my divorce attorney for all or part of the money I paid him because he did nothing for me.

I paid a divorce attorney in February 2022 to get a divorce, it went on for 11 months because my wife could not be found and, therefore was never served with papers. We made 1 court appearance and that was to get permission to run an add in the local paper. Soon thereafter, my attorney quit,... Read more »

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

I assume the $1,000 does not include your filing fees, service fee, publication fee, or the ad litem’s fee.

Even then, $1,000 is awfully skinny to start a divorce case particularly if the attorney knew in advance you didn’t know where your wife is.

While you can sue, you might...
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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
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... Read more »

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1 Answer | Asked in Family Law, Adoption and Child Custody for Tennessee on
Q: I had 2 different children by 2 different men. Neither man is on the Birth Certificate. They haven’t been involved in

9 & 11 years can my husband adopt them?

Hannah Burdine
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Hannah Burdine
answered on Mar 21, 2023

Great news! If you've been married for over six months, your husband has the opportunity to adopt your children. Although the biological fathers are entitled to notice, a skilled and creative attorney can assist in securing their consent, making the process smooth and stress-free. The judge... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: My divorce papers have no child support start date so do the payments start now?

He marked "hand directly to parent" on the papers and when I mentioned this to him he said he's just going to wait for them to come out of his check on its own. Do I need to take him back to court or what do I do because he doesn't want to pay it and the papers was filed March 2, 2023.

Anthony M. Avery
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answered on Mar 16, 2023

It sounds like you did not go to Court, so you do not know what if anything is going on. Call Court and find out when the divorce decree was entered. Order for CS starts then. If no case at Court, then you are not divorced. If CS is not paid, then you must file a Petition to hold him in... Read more »

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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Nina Whitehurst
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... Read more »

1 Answer | Asked in Civil Rights and Family Law for Tennessee on
Q: Can I get emancipated at the age of 16 without my parents consent
John Michael Frick
John Michael Frick
answered on Feb 12, 2023

Yes you can. It will be quite a bit more expensive, but it is possible. You need to demonstrate that you are financially and socially independent.

In most cases, teens seeking emancipation are actors or singers or athletes or inventors or entrepreneurs. If your parents object, the...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: If my Great uncle passed in 2005 and states that he left no heirs could I step up and claim

A partition has been done[2023]. I'm 40 years old born in 82 and uncle died in 2005.

Anthony M. Avery
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answered on Feb 6, 2023

If you believe you are an Heir, then move to intervene in the Partition Suit immediately. Apparently the Plaintiff does not think you are one of the Heirs so he did not sue you. Be prepared to prove you are actually an Heir under the Intestacy Statute.

1 Answer | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: What do I do about my husband's death without a will in TN?

What is probate and is it required in TN?

Nina Whitehurst
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Nina Whitehurst
answered on Jan 16, 2023

If everything your husband owned was owned jointly with you, then most likely it was owned as tenants by the entirety and you are now the sole owner by operation of law. Most of the time all you have to do to remove your husband's name from those titles is provide a death certificate to the... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: How to change the last name of my 5yr old. She has my ex husbands last name but he is not the biological father

Needing to change the last name of my 5 ur old daughter. She has my ex husbands last name but he is not the biological father. No father is listed on her birth certificate. How do I go about getting this done?

Bennett James Wills
Bennett James Wills
answered on Jan 11, 2023

In Tennessee you would file a petition with the chancery court in the appropriate county and serve notice on any interested party. Typically, the chancery court clerks have forms you can fill out; but not always. Contact the clerk in your county to see if they have forms. Or consult counsel to... Read more »

1 Answer | Asked in Estate Planning, Family Law and Civil Litigation for Tennessee on
Q: Out of three beneficiaries can one of them be the trustee

My aunt has weaseled her way into being the trustee because the original trustee not one of the beneficiaries turned it down and named her. My aunt named her husband as her successor trustee and her husband named the original trustee who turned it down.

Anthony M. Avery
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answered on Jan 4, 2023

Who created the Trust? The Settlor appoints his Trustee/ Successors in the Trust. Have you read it? The Trustee may be able to appoint his Successor. Are you a Trust Beneficiary? If not, you lack standing. Otherwise you can file suit in Chancery for an Accounting, Removal For Cause, etc.... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Tennessee on
Q: In Tennessee, what does it mean for the survivor if the deed shows "tenants in common with the right of survivorship"?

This is for an unmarried couple who own a home together. Will the heirs of the deceased have any rights to the home?

Nina Whitehurst
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Nina Whitehurst
answered on Jan 1, 2023

It means that if one of the tenants in common passes, the surviving tenant in common will become the sole owner of the home by operation of the survivorship interest without having to go through probate or any other kind of legal process. The heirs of the deceased would have no claim to the home.... Read more »

1 Answer | Asked in Family Law, Domestic Violence and Criminal Law for Tennessee on
Q: I slapped my 20 yr son across the face during an argument and got charged with domestic assault X 2 for daughter too

Yet I never touched my 19 yr old daughter. Any advice?

Anthony M. Avery
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answered on Dec 12, 2022

Domestic Assault is a very serious offense, worse than some Felonies. Hire an attorney to prepare for a Preliminary Hearing. This is a public forum. Do not contact your Son under any circumstances. Diversion, Dismissal and Expungement should be sought if not Dismissed initially.

1 Answer | Asked in Family Law and Criminal Law for Tennessee on
Q: without a search warrant cops got a name and number off cell when it rang. Is that legal?

After arrest cops took cell into office and when it rang they got a name and phone number off it and portal this person. I have it on audio recording as well as them talking horrible about my physical looks and kept us 25 mins before drug dog came. i have 3.5 hrs of info including arrest and bad... Read more »

Anthony M. Avery
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answered on Dec 7, 2022

Hire a competent attorney to file a Motion To Suppress Evidence. The pat down and inventory subsequent to arrest are probably legal, but you can try, especially if such information is critical. Time for a new phone and number.

1 Answer | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: My dad passed away and he has a will his wife left town with will we haven’t seen it can we see it with his attorney
Anthony M. Avery
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answered on Oct 18, 2022

Without physical possession of a Will it is very difficult to prove its existence. You may wish to start an Intestate Administration, but first consult with a competent attorney to see if Probate is needed. Remember a surviving spouse cannot be disinherited, and is entitled to a large amount of... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: What type of POA do I need to get before spouse becomes completely unable to answer for themselves?

Person is getting dementia

Bennett James Wills
Bennett James Wills
answered on Sep 6, 2022

You'd be wise to discuss these issues with an attorney to make sure you and your spouse are fully covered. The usual documents are a will, durable power of attorney, and medical power of attorney. But your particular situation may be different.

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Tennessee on
Q: How do I go to police after running away and not go back to my dad I want to live with mom but she has no custody TN

I ran away from my dad's house because I wasn't mentally well I was always depressed and I couldn't get help. My dad's wife told me I said therapy wouldn't work after I went to an evaluation and wanted to go back. They've been very manipulative using the fact that my... Read more »

Henry Ambrose
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answered on Aug 11, 2022

Your situation is complicated and difficult to answer on-line without lots more information, If you are not safe please go to the nearest police department and ask for help.

Here is another idea:

https://youthvillages.org/about-us/locations/tennessee/

Call them and tell them...
Read more »

2 Answers | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: My dad was executor and refused the role so I was forced to handle everything.

My dad was put on my grandma's will as executor and when she passed he wrote a text message denying the rple as executor I was then forced to take care of everything regarding my grandma's funeral my dad then went to the bank and told everybody he is the executor. I ended up paying For... Read more »

Henry Ambrose
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answered on Aug 11, 2022

Go to the Probate Court clerk in the county where your grandmother lived when she died. Ask them whether the estate was opened for probate or not and if so, what happened with the case. Depending on what you find, you may want to contact a lawyer who does probate work.

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