Tennessee Questions & Answers

Q: Can you explain what it means to be named a sole heir at law, but not a beneficiary in a will?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Apr 28, 2017

It means that while you would have inherited if there were no will, but because you were not named in the will that won't happen.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
View Details »

Q: Do I have to make my son attend a sport he hates?

1 Answer | Asked in Divorce, Family Law and Child Custody for Tennessee on
Answered on Apr 28, 2017

If the parenting plan form says you have joint decision making on extracurricular activity, and the father signed the child up without your joint agreement, HE has violated the order and he may be in contempt. Proving that in court may be difficult, especially if the boy played last year- the father will claim you already agreed to it. The boy needs to communicate with his father that he does not like baseball.
View Details »

Q: Is my ex entitled to the child tax credit if he doesn't file taxes? He asks me to pay him and I have in the past.

1 Answer | Asked in Family Law, Tax Law and Child Support for Tennessee on
Answered on Apr 28, 2017

The parenting plan forms refer to the deduction for dependents ( not a tax credit). If the signed divorce papers say he gets to claim the deduction in alternate years, then that is what he gets: the dependency deduction (only).

If the papers do not mention a tax credit, then you will need to check with the IRS to determine who is eligible to claim the credit. It occurs to me that if he does not file an income tax return, he should NEVER need the tax credit.

How can you get a...
View Details »

Q: I've had legal custody of my grandson for the last 7 yrs,

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Answered on Apr 26, 2017

The law favors parents raising their own children.

If she has rehabilitated herself, she will have a good chance to terminate the custody order.

Of course, you can put up a fight.

See a lawyer about how you and your daughter can work it.
View Details »

Q: i am filing chapter 13 i want to know i am in college and they putting my pass student loans under there i get a school

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Apr 26, 2017

Yes, you should be able to get the funds
View Details »

Q: I got a ticket for going 82 through a work zone and I am an out of state driver. How do I avoid a fine?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Apr 26, 2017

You need to be sure to retain an attorney ASAP and/or appear (if necessary) at the court date and contest the ticket. If you just pay the ticket, it will be considered a guilty plea and you will receive all related points on your driving record.
View Details »

Q: I am trying to figure out how to appeal a trial court in general sessions to circuit court

1 Answer | Asked in Appeals / Appellate Law and Contracts for Tennessee on
Answered on Apr 26, 2017

You may file an appeal from General Sessions Court to Circuit Court as long as the appeal is filed within ten (10) days of the entry of the judgment or disposition of the case.
View Details »

Q: Husband & I (currently reside AL) had a home (TN) on contingency upon sale of our AL house. Removed contingency 4/14/17

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Apr 26, 2017

It appears that you contractually took a risk that you only now realize that you shouldn't have taken.
View Details »

Q: My mother had a second will drawn up leaving her entire estate to me as she did in the first one.

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Apr 25, 2017

A will is not valid until it is signed and properly witnessed. From your question, it is clear there is no "second" will as she died before signing it. The first ( and apparently only ) will controls what happens to her assets.

There is no requirement that there be a good relationship between the parties in order to inherit, all that matters is what the will says.
View Details »

Q: Is it possible to take my ex-wife to court for failure to adhere to court ordered child visitation rights?

1 Answer | Asked in Divorce, Family Law and Child Custody for Tennessee on
Answered on Apr 25, 2017

Yes, you can file to enforce the divorce decree- it is a court order which is supposed to be obeyed by both of you.

You can always represent yourself, but this is dangerous. You are held to the same rules and standards as lawyers when going to court, so clearly you should consult a lawyer ( maybe you can find one to just advise you on procedure, etc). You must be able to prove that your ex is willfully denying your visits, so you should save/print out any emails/texts where she has...
View Details »

Q: In Tennessee are we allowed to use a security deposit of 2800 on one months rent of 990

1 Answer | Asked in Public Benefits and Landlord - Tenant for Tennessee on
Answered on Apr 25, 2017

Sorry, but the security deposit is just that, a security deposit ( it is not rent). The landlord is generally required to keep it in a separate bank account. If the lease is ending, and you are moving, you can agree to let them keep some of it to cover your past due rent, but I am sure they want to keep the deposit at its current amount, so that means you must pay the monthly rent ( the deposit is not an account that you can draw on from time to time).
View Details »

Q: If i live in a motel longer than 90 days ,do i have to be evicted?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Apr 24, 2017

No. This is not a monthly lease or other periodic tenancy.
View Details »

Q: My sons fathers has went against court ordered visits since Jan.2016 How can he sign rights over or get a court date.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Answered on Apr 24, 2017

You question is unclear about what you are trying to achieve. A parent can't just "sign over rights"- UNLESS

another person wants to adopt the child. If this were so, parents who wanted to avoid child support payments would simply sign away this obligation. The Courts won't allow this. If you are trying to terminate his rights so that an adoption can occur, then you need to consult an experienced adoption lawyer- this I snot something you can do yourself without a lawyer.
View Details »

Q: Can a nonresident on Knoxville TN get an order of protection in Knox County?

1 Answer | Asked in Domestic Violence, Divorce and Child Custody for Tennessee on
Answered on Apr 24, 2017

It seems to me she needs a divorce, not just an order of protection, ( and you can still get an order of protection as part of a divorce). Problem is, she must be a resident of Tennessee for at least 6 months before she can file for divorce here. If its that dangerous, she shouldn't wait 6 months to file. She should file "long distance"- she can file in Georgia but continue to live in Tennessee, but this means she will have to travel to Georgia for the court hearings. Expensive, but maybe...
View Details »

Q: If the father signed an AOP, is a paternity test still required to recieve child support?

1 Answer | Asked in Child Support for Tennessee on
Answered on Apr 24, 2017

No. Signing a VAP ( voluntary acknowledgement of paternity) eliminates the need for testing because the father admits paternity.
View Details »

Q: Should i file a petition to establish paternity before my hearing or request the petition during the hearing?

2 Answers | Asked in Family Law for Tennessee on
Answered on Apr 24, 2017

File as soon as possible.
View Details »

Q: What do i need to do if my dad has custody of mine and my ex's kids and we have both moved on in New relationships as

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Tennessee on
Answered on Apr 23, 2017

Divorces cost different amounts in different counties. Lawyers fees vary. You and your ex may be able to do it yourself if you agree on the terms. Contact the county clerk's office where you live. Many counties offer a reduced fee or pro bono assistance for a uncontested divorce and will have forms available that are approved by the court. As far as getting your kids back, that is far too complicated to answer, other than to say you will have to petition in the court that ordered them removed.
View Details »

Q: If me and my son's father were never married, and he went to prison when my son was 7 weeks old and got out 2 months

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Tennessee on
Answered on Apr 23, 2017

You don't say whether an order for visitation exist. You do say he doesn't try to see his son and doesn't call or try to contact. Which is it? Your fiance cannot adopt your child. If you marry him, then it would be possible.
View Details »

Q: juvenile state probation / transfer to online school

1 Answer | Asked in Juvenile Law for Tennessee on
Answered on Apr 20, 2017

Talk to the probation officer. It may or may not be something they would agree is appropriate. Don't risk it, but shouldn't be a problem unless the child is truant or failing.
View Details »

Q: can i refuse a drug test for juvenile court if im not fightn them taking custody of my son

1 Answer | Asked in Juvenile Law and Family Law for Tennessee on
Answered on Apr 20, 2017

Yes, but it will likely be presumed that if you took the test it would be positive.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.