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Tennessee Public Benefits Questions & Answers
3 Answers | Asked in Estate Planning, Public Benefits and Personal Injury for Tennessee on
Q: How can I release my son from financial responsibility for his father's debts?

I'm looking for advice on how to release my 48-year-old son from any potential responsibility for his 78-year-old father's medical expenses and credit card debt. His father is currently in a rehab facility, and I believe his insurance coverage is running out. There is no legal agreement... View More

Jason Savarese
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answered on Oct 8, 2025

Usually, a son is not liable for his father's debts unless he specifically signs a contract agreeing to be legally responsible for paying those debts. The type of debt doesn't matter. So, his son needs to very carefully read everything he is asked to sign, to ensure he does not sign... View More

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2 Answers | Asked in Estate Planning, Probate, Real Estate Law and Public Benefits for Tennessee on
Q: Is a living trust too late to secure a step-up in basis after my mother's death while avoiding probate?

My still-living and competent mother added me to her deed via a joint tenancy quit claim deed on her primary residence to avoid probate. I understand that this might lead to inheriting the original cost basis and potentially substantial taxes upon selling the property after her death. The property... View More

Charles R. Frazier
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answered on Aug 30, 2025

It is not too late. If your mother is still living and competent, you both can sign a new deed to transfer the property into a properly drafted revocable living trust. Under current federal law, assets owned individually or by a revocable trust at death generally receive a step-up in basis to fair... View More

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3 Answers | Asked in Probate, Landlord - Tenant, Public Benefits and Real Estate Law for Tennessee on
Q: What are my unemployed mother-in-law's options after her boyfriend's death and potential eviction in Tennessee?

My mother-in-law lived with her boyfriend for several years, but he recently passed away and left no will. They were not legally married due to her ex-husband’s refusal to file for divorce. The deceased has two daughters who want to sell the house, although the deed is in his father's name,... View More

Michael R. Stooksbury
Michael R. Stooksbury
answered on Jun 25, 2025

I’m sorry your mother is in this situation. If she was married, she would be afforded the protection of homestead, but this option is not available to non-spouse paramours.

The good news: they cannot kick your mother out of the house without legal action.

As the heirs at law, the...
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3 Answers | Asked in Probate, Landlord - Tenant, Public Benefits and Real Estate Law for Tennessee on
Q: What are my unemployed mother-in-law's options after her boyfriend's death and potential eviction in Tennessee?

My mother-in-law lived with her boyfriend for several years, but he recently passed away and left no will. They were not legally married due to her ex-husband’s refusal to file for divorce. The deceased has two daughters who want to sell the house, although the deed is in his father's name,... View More

Anthony M. Avery
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answered on Jun 25, 2025

Whenever the heirs file an Unlawful Detainer Action against her, she will need to go to Court. Ultimately the heirs will be awarded possession, and if Mother does not get out, a writ of possession will be executed on her. Before that she could ask the heirs for move expenses to get her out... View More

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2 Answers | Asked in Personal Injury, Social Security, Estate Planning and Public Benefits for Tennessee on
Q: How to find past property deeds in Tennessee to estimate stolen retirement funds?

I suspect my sibling has stolen a significant amount of my parents' retirement money, possibly in the millions. I'm trying to estimate what's missing. My father has dementia and cannot assist with this. I'm looking to find past property deeds by name in Tennessee to estimate... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 20, 2025

Many Counties in Tennessee maintain GIS services and for those counties that don't the State has a web service where a person can look up properties and ownership. For the County - I would search by the County name and add "gis" to the search. For the State web address try:... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Public Benefits for Tennessee on
Q: How to Find an Attorney to Sue TN State Medicaid for Injuries and Civil and Constitutional Rights Violations?

I live in Tennessee. I'm a disabled adult on SSI and Medicaid (Tenncare). I am disabled by fully treatable, even curable health conditions caused by my underdeveloped jaws compromising my airway-breathing and sleep. I am not able to receive rehabilitative care (aka "medical... View More

James L. Arrasmith
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answered on Jun 1, 2024

Finding an attorney for your situation can be challenging, but there are steps you can take to improve your chances. Given your circumstances, you should look for attorneys with experience in civil rights, health law, and possibly public interest law. These areas cover issues related to Medicaid,... View More

1 Answer | Asked in Identity Theft, Public Benefits, Social Security and Banking for Tennessee on
Q: I want to sue my ex stold my identity and social security benefits from2017 when i was incarcerated til 20& My stimulus

I lost all my paperwork. But he had 5 chime cards out in my name when I found out in 2021.

It happened in dickson tennessee he was also very abusive to me and I am very much mentally disabled and I am praying that I have a chance to make sure that he is not going to get away with his... View More

James L. Arrasmith
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answered on Dec 26, 2023

You have grounds to take legal action against your ex for identity theft and the fraudulent collection of your social security benefits. Identity theft is a serious crime, and if your ex used your identity to obtain benefits and open accounts in your name without your consent, this is a matter that... View More

1 Answer | Asked in Divorce, Domestic Violence, Social Security, Family Law and Public Benefits for Tennessee on
Q: How can I defend against alimony claims from my wife in a divorce case given my inability to work and her financial situation?

In a Tennessee divorce case, I am a 75-year-old husband who recently underwent surgery and cannot work. My wife, 56, is seeking alimony with a hearing scheduled in two days. She earns $1,300 from disability and $1,200 from a part-time job. I receive $580 monthly from social security and $600 from... View More

James L. Arrasmith
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answered on Nov 3, 2025

At your upcoming hearing, your main goal should be to show that you do not have the financial means to pay alimony and that your wife is capable of supporting herself. Start by organizing proof of your income, such as your Social Security statement, rental income records, and recent medical bills... View More

2 Answers | Asked in Criminal Law, Public Benefits and Social Security for Tennessee on
Q: How to find affordable legal representation for a criminal case in Tennessee while on SSI?

I'm seeking help to find an attorney for a criminal case. I receive SSI and cannot afford an attorney. My husband passed away last year, and I have a baby to support. I've looked into free or low-cost legal aid services but am unsure how to proceed. What resources are available to help me... View More

Kent Thomas Jones
Kent Thomas Jones
answered on Oct 14, 2025

You need to get your finacial information together and apply for a district attorney. In some areas the court may have a list of attorneys eho yhry vsn sppoiny to your case for a small fee. zi eould also contact your local bar association to see if they have a list of people who can help you.

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Q: Can Tennessee landlords request tenant's ID or SSN?

I am a property manager in Tennessee. Under Tennessee law, am I allowed to ask for or retain a copy of a tenant's ID or social security number? What are the legal conditions or requirements for doing so?

James L. Arrasmith
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answered on Oct 11, 2025

Yes, as a property manager in Tennessee, you are legally allowed to request and retain a tenant’s identification or Social Security number, but only for legitimate business purposes. These typically include verifying identity, conducting background or credit checks, and confirming eligibility... View More

1 Answer | Asked in Landlord - Tenant, Public Benefits and Real Estate Law for Tennessee on
Q: Can my brother legally force me to move out tomorrow if I'm unable to pay my share of rent due to SSI, living in TN?

I have been living in a house with my brother for about 6 months, and we were supposed to split the rent. However, I'm receiving SSI and haven't been able to pay my full share. My brother is now asking me to move out by tomorrow. There isn't a formal lease agreement, or if there is... View More

James L. Arrasmith
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answered on Sep 27, 2025

Even without a written lease, you have rights as a tenant in Tennessee since you’ve been living in the home and contributing to rent. Your brother cannot simply tell you to move out by tomorrow, because removing someone from a residence requires going through the legal eviction process. That... View More

1 Answer | Asked in Landlord - Tenant, Public Benefits and Real Estate Law for Tennessee on
Q: Can my brother legally force me out of our shared rental without formal eviction notice?

I have been living in a rented house with my brother for about 6 months. We verbally agreed to split the rent payments equally, but I have been unable to pay my half fully due to receiving SSI. Recently, my brother and I have had arguments about the rent, and he has been threatening to call the... View More

James L. Arrasmith
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answered on Sep 27, 2025

Even without a written lease, you still have rights as a tenant since you’ve been living in the home and contributing to rent. Your brother cannot legally have the police remove you just because of an argument or missed payments. In most states, the landlord or leaseholder must follow the formal... View More

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Social Security for Tennessee on
Q: Can I sue Medicaid for denying my coverage in Tennessee?

Can I sue Medicaid for denying my coverage in Tennessee? I have been enrolled in Medicaid for years, but since moving back to Tennessee, my coverage has been denied four times. The reasons for denial included incorrect assumptions of being treated for cancer, which I am not, and stating I am not in... View More

James L. Arrasmith
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answered on Sep 2, 2025

Suing Medicaid directly is not usually the first or most effective option, since Medicaid decisions are governed by state and federal law and there are established appeal procedures. In Tennessee, you have the right to appeal denials, and it sounds like you’ve already started that process. The... View More

1 Answer | Asked in Family Law, Domestic Violence, Social Security and Public Benefits for Tennessee on
Q: How to proceed with legal petition for child benefits in TN under marital presumption?

I am seeking advice on how to proceed with a legal petition in Sumner County, TN, regarding my child's birth certificate. My child was born in 2013, within 300 days of my divorce from my husband. Due to documented domestic violence, his name was not added to the birth certificate, but I need... View More

James L. Arrasmith
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answered on Sep 1, 2025

In Tennessee, the law recognizes a marital presumption of paternity when a child is born during a marriage or within 300 days of its termination by divorce. Since your child was born within that window, the court can accept a petition to have your ex-husband legally declared the father even without... View More

1 Answer | Asked in Divorce, Domestic Violence, Public Benefits and Family Law for Tennessee on
Q: Separated for 3 years, facing financial and mental troubles from ex-wife. How to proceed with divorce?

I have been separated from my ex-wife for almost three years, and we have not initiated any divorce proceedings. Recently, tensions have heightened; she seems to be trying to disrupt me financially and mentally. I am on disability for mental health issues, and a restraining order was placed against... View More

James L. Arrasmith
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answered on Aug 30, 2025

Since you’ve been separated for several years, you can move forward with filing for divorce on your own, even if your ex-wife does not want to cooperate. Because there is no joint property to divide and your children are all adults, the process should be simpler, focusing mainly on legally ending... View More

2 Answers | Asked in Public Benefits and Estate Planning for Tennessee on
Q: How does a $50,000 inheritance affect Tennessee SSI benefits?

I'm asking on behalf of someone who lives in Tennessee and receives a little over $900 a month in SSI benefits. This person is set to inherit $50,000 and plans to deposit it into a super NOW account to live off of it. Does this inheritance need to be reported, and how might it affect their SSI... View More

Anthony M. Avery
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answered on Aug 27, 2025

Recipient will become disqualified for SSI. He should consult with a competent attorney about options. He does not want to commit federal and state crimes.

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1 Answer | Asked in Social Security, Immigration Law, Tax Law and Public Benefits for Tennessee on
Q: Legal consequences of false citizenship info on Social Security application in Tennessee?

My first Social Security name change happened around 1987, after my first marriage; at that time, I had an inkling that I might not be a citizen. By the second name change, I was sure of it, as I had applied for a visa through my mother and later residency through my second husband. I was drilled... View More

James L. Arrasmith
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answered on Aug 20, 2025

It sounds like this situation has weighed on you for a long time, and it makes sense to feel anxious about it. When you were a minor, the responsibility for what was submitted to the Social Security Administration was not yours but your stepfather’s. Later, as an adult, you acted in good faith,... View More

1 Answer | Asked in Bankruptcy, Social Security, Tax Law and Public Benefits for Tennessee on
Q: Will selling my vehicle for the loan balance affect future bankruptcy in TN?

I have a vehicle that I'm still making payments on, with about 3 years left on the loan. I owe the fair market value of the vehicle. I have a friend who is willing to pay it off so I can get out from under the payments. I also have significant credit card debt, and I'm retired living on... View More

James L. Arrasmith
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answered on Aug 20, 2025

If you sell your vehicle to your friend for the exact amount of the loan balance, that generally is considered a fair market value transaction. In bankruptcy, the court usually looks for situations where property was sold for much less than it was worth, because that can be treated as hiding... View More

1 Answer | Asked in Banking, Civil Rights, Employment Law, Identity Theft, Public Benefits and Consumer Law for Tennessee on
Q: Can I sue Comerica Bank and Direct Express for fraud and ADA violations in TN?

I am considering taking legal action against Comerica Bank and Direct Express for fraud, disability discrimination, and mishandling of my stolen federal benefits. Comerica Bank denied my fraud dispute without a real investigation, citing a "pattern" but failing to provide ATM footage,... View More

James L. Arrasmith
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answered on Jul 26, 2025

You’ve been through a deeply frustrating and painful experience, and you’ve taken some powerful first steps by filing complaints and documenting what happened. If Comerica Bank and Direct Express failed to investigate your fraud claim properly—especially when federal benefits were... View More

3 Answers | Asked in Social Security, Estate Planning and Public Benefits for Tennessee on
Q: Can I draw on my long-term partner's Social Security benefits if they pass away and we are not married?

I have been with my partner for 24 years, and although we are not legally married, we have our wills and health directives in place. If he passes before me, given that we're not married, can I draw on his Social Security benefits?

Nina Whitehurst
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answered on Jul 13, 2025

I am sorry to say that there is no theory upon which you can withdraw on the social security benefits of a deceased person who was not your spouse or parent.

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