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1 Answer | Asked in Family Law and Probate for Tennessee on
Q: What can we do if a Will Executor lets things get stolen from the beneficiary(s)?

My boyfriend's father passed in November. Father left his girlfriend the home/estate and their own personal things accumulated together therein. Everything else personal to the father himself goes to his 2 sons. All that is fine and well, a very grand gesture by him to secure her and her... View More

Anthony M. Avery
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answered on May 15, 2024

A Beneficiary should have moved to remove the executrix earlier for cause. You may be able to open the Estate up again, but it will be difficult and expensive. Conversion actions in General Sessions are possible by will beneficiaries, but proof of theft will be required. A civil suit for... View More

1 Answer | Asked in Employment Law and Immigration Law for Tennessee on
Q: My employer is asking me to pay for H1b filing fee. Is it legal to do so and will it affect my future in U.S.?

I joined employer 'X' in Aug 2022 on H1b (transferred from previous employer). My H1b got maxed out in Dec 2023 and I moved out of country, and my employer also stopped running my payroll since then. My PERM was filed in Apr 2023, which got approved recently and now my employer is asking... View More

James L. Arrasmith
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answered on May 14, 2024

It is generally not legal for an employer to ask an employee to pay for H-1B filing fees. The U.S. Department of Labor mandates that these fees should be borne by the employer, not the employee. Paying these fees yourself could potentially cause issues with compliance and affect your visa status.... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Can TN new neighbor change location of my easement if I have easement deed?
Anthony M. Avery
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answered on May 13, 2024

Not without your permanent agreement. But he can try to terminate the easement or file a declaratory judgment action on it. Having an easement in your chain of title is worthless as it must be in the servient estate's title.

3 Answers | Asked in Immigration Law for Tennessee on
Q: If I, US citizen, get my foreigner wife pregnant, how would that affect the visa process?

I’m a US citizen and I’m planning on marrying my Fiancée. We also plan on getting pregnant as soon as we marry. How does that pregnancy affect the CR-1 visa process? Does it speed it up or slow it down? What would I need to prepare for in terms of documents for both my child and wife?

James L. Arrasmith
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answered on May 12, 2024

A pregnancy does not directly impact the speed of the CR-1 visa process for your spouse. The CR-1 visa, also known as the "spouse visa," allows the spouse of a U.S. citizen to enter the United States and receive a Green Card (permanent residency). The processing time for a CR-1 visa... View More

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: My home was taken by my lien holder. I lived there for 20 yrs. I'm in Tennessee, how do i claim surplus money for the s

The property sold for 230k I owed less than 100k . This all happened July-Aug of 2023

Anthony M. Avery
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answered on May 9, 2024

Hire an attorney to sue the Trustee for the money. The surplus will not be as large as you think as the noteholder has all the discretion in adding up the total debt. You must sue fast, and collection of the judgment can be difficult.

1 Answer | Asked in Tax Law for Tennessee on
Q: ID.me identity theft, fraudulent tax return, My fault for falling for "Illuminati" scam. correction will show refund

A fraudulent return was filed in my name for tax year 2022. I still need to file an amended return. I have an IRS form14457 ready to submit. I have saved all communications with the scammers. I was in a very emotionally traumatized state of mind, and I foolishly allowed scammers to take advantage... View More

James L. Arrasmith
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answered on May 8, 2024

I'm so sorry to hear that you've been the victim of identity theft and a tax scam. That must be an incredibly stressful and upsetting situation to deal with. It's not your fault that sophisticated scammers took advantage of you during an emotionally vulnerable time. Please don't... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: what are the laws for a defendant after having an attorney dismissed from a case

I requested the dismissal of council in writing to the judge I gave legitimate reasons why I wanted the dismissal I also asked for a continuance and a different council judge granted dismissal,and continuance but refused new council and I had to represent myself at a prelim also I told him... View More

Anthony M. Avery
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answered on May 8, 2024

Apparently your case was bound over. When you get indicted by the Grand Jury, Court may arrest you or might allow you to show up at the Arraignment still on Bond. You might ask for a court appointed lawyer then. But that would be a mistake, so hire a real attorney now awaiting Indictment.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: The location of our well was never disclosed. It's on the next door property.

We have owned the home for four years and just recently found out our well is shared and about 120' off our property. Do we have any legal recourse against the seller?

Anthony M. Avery
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answered on May 7, 2024

More than likely there was a Residential Disclosure Statement made by the grantors. Did you read it? Even if it lied about the waster supply, the 1 year SOL has passed. You need to search your title and the title where the well is situated. There may be a breach of covenant there, but it is... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Can someone name 2 persons (daughters) as "co-attorneys in fact" in their Durable Power of Attorney document?

My 92 year old father is updating his estate planning documents after the passing of my mother. He wants to appoint both myself and my sister as co-attorneys in fact since we are both helping him with his financial and medical affairs. He doesn't want to name one person as primary and the... View More

Nina Whitehurst
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answered on May 7, 2024

There is no law that prohibits co-attorneys in fact. However, conventional wisdom is to avoid it because having co-attorneys in fact can become unwieldy, especially if they get sideways with each other. If they must act together and they are unable to work together then the effective result is... View More

1 Answer | Asked in Immigration Law for Tennessee on
Q: I currently have an EAD card through a pending i485 and i130 that expires in September. I’m switching to filing an i360

What category should I be filing my work permit under? Should it be a renewal (c9)?

James L. Arrasmith
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answered on May 6, 2024

Based on the information you provided, it seems you are currently holding an Employment Authorization Document (EAD) based on a pending I-485 (Adjustment of Status) and I-130 (Petition for Alien Relative). However, you are now planning to switch to filing an I-360 (Petition for Amerasian,... View More

1 Answer | Asked in Immigration Law for Tennessee on
Q: If a person has some csr complaints against him. If he get a foreign job, he will get police verification or not ?

Does it affect his foreign employment ? If a csr complaint against a person is pending he is eligible to move to a foreign country or not ?

James L. Arrasmith
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answered on May 6, 2024

If a person has some CSR (Customer Service Representative) complaints against them, it would generally not directly impact their ability to obtain foreign employment or move to a foreign country. CSR complaints are typically handled internally within a company and would not show up on a criminal... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have to file a foreign divorce decree here in the US to have the divorce recognized? It's been apostilled by TN SoS

I married my ex wife, who lives in Israel, in the US. Our divorce was finalized in Israel. I have had them apostilled by the Secretary of State in TN already but I'm not sure if I need to file them with the court here to have it recognized before I can get remarried.

Jennifer McKinnish
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answered on May 6, 2024

The Hague Convention is an international treaty that provides, if your country is a party to the Hague Convention, a process to protect children whose parents are divorced or separated and move between countries. Typically, a divorce decree issued in a foreign country is recognized in the United... View More

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Can a title loan company or their repossession company refuse to allow a person to retrieve personal belongings repodcar

Car was repossessed after defaulting on title loan after missing two payments. Repossession agent called my mother after 9pm at night and told her if I didn't meet him by midnight that night to sign a "payment plan" for missed payments then I would have a felony warrant for my arrest... View More

Anthony M. Avery
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answered on May 6, 2024

Ask again to get your property. Otherwise you will have to file suit for an Action to Recover Property and/or Conversion in General Sessions Court. Be certain who it is that has your property, as you may have to sue two defendants. Loan co. will have an agent for service of process.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Lawyer had mother sign Life Estate deed for herself, but she didn't own the property.

My father willed the family home to me leaving my mother lifetime residency. He was the sole owner of the property. My mother's lawyer had her sign a Lifetime Estate deed for herself, but she wasn't willed the property. Everything I've read states there is a difference between... View More

Anthony M. Avery
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answered on May 3, 2024

Hire a TN attorney to search the title first. Unless the Will is Probated it means nothing. More than likely you are an heir. Dad's surviving spouse would be an heir also. If Mother was not a spouse, then she has no interest at all. You may need to file an Ejectment Action.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Does the estate pay for the personal representatives lawyer.

For a will dispute to discredit a beneficiary.

Anthony M. Avery
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answered on May 2, 2024

Sometimes yes, sometimes no. There is no exact law. I am not sure what discrediting a beneficiary is, but that is not a Will Contest. You probably need to retain an attorney to represent you as you are obviously confused as to what is going on.

1 Answer | Asked in Estate Planning for Tennessee on
Q: I live in Davidson County Nashville TN and tried to submit an estate claim. How can I get an extension?

The employees at the county clerk's office informed me that the case is pending and there is not a personal representative assigned. Therefore, they do not have anyone to receive the documents for the claim. The one-year deadline is June 25, 2024 for the decedent. I need to request an extension.

Anthony M. Avery
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answered on May 1, 2024

You might consider making a Motion to appoint yourself as administrator due to being a creditor. A lawyer will be necessary, and probably a Bond. Then you file the claim against the Estate. The claim may not be worth it, but this happens alot when clients die with a pending case.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I'm a 3rd party interest in my house ( according to the mortgage companysince my dad passed away .

Mortgage company says they can't force me to pay it, but can still foreclose don't make enough to pay it

Anthony M. Avery
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answered on Apr 30, 2024

The Deed of Trust and Note appear to be enforceable. If the Note is not paid, the lender forecloses. You might want to sell the home now if there is any decent equity. Otherwise you might rent it until foreclosure. You are not personally liable on the debt.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Got pulled over and got caught with fentanyl and meth. Agreed to cooperate. Did I really get charged
Carla Grebert
Carla Grebert
answered on Apr 28, 2024

I generally see people getting charges in these situations, but I have no way of knowing what happened in yours based on your question.

Were you arrested and booked? If so, you were charged. Were you not arrested, but you have a booking date to report? If so, you were charged. Do you...
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1 Answer | Asked in Landlord - Tenant and Tax Law for Tennessee on
Q: Can you be kicked out by asking for a transient tax refund? I also rent weekly and have been in the same room for 7 mths

Owner refuses to give transient tax refund instead threatens with kicking my family out of the motel.

James L. Arrasmith
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answered on Apr 25, 2024

I'm sorry to hear you're in this difficult situation with your landlord. Based on the information provided, here are a few key points to consider:

Transient occupancy taxes are typically charged on stays of 30 days or less in many jurisdictions. Since you have been renting the...
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1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: If my father passed does his will over ride a life estate? In TN

Life estate says me and my brother are remainderman but the will issues everything to my mother. Can she do what she wants with said land?

Anthony M. Avery
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answered on Apr 22, 2024

Will means nothing until the testator dies and the Will Probated. It can always be changed. You might be interpreting the devises, bequests and residuary clause incorrectly. Father may want to execute a life estate/remainder deed now. If there are really the inconsistent transfers in the... View More

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