Tennessee Questions & Answers by Practice Area
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Tennessee Questions & Answers
Q: Cited for striking fixed objects (code:40-6-272) in ATL. A lawyer said it's a mischarge as I did not leave the scene.
Mr. James Charles Wright's answer
Ga.Stat. provides
The driver of any vehicle involved in an accident resulting only in damage to a fixture legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall, upon request and if available, exhibit his operator's license.
Not sure why you were cited for this. Doesn't seem applicable based...
Ga.Stat. provides
The driver of any vehicle involved in an accident resulting only in damage to a fixture legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall, upon request and if available, exhibit his operator's license.
Not sure why you were cited for this. Doesn't seem applicable based...
Q: I’ve got a 19 year old that’s still in High School I pay child support on him. How long do I pay on him ? I live in TN.
Leonard Robert Grefseng's answer
Child support terminates when the child turns 18 or graduates from High School WHICHEVER IS LAST to occur, so in your case, when the boy graduates. There is also a limit on how much high can last, in other words, he can't fail several grades and still get support- 4 years starting with his freshman class.
Child support terminates when the child turns 18 or graduates from High School WHICHEVER IS LAST to occur, so in your case, when the boy graduates. There is also a limit on how much high can last, in other words, he can't fail several grades and still get support- 4 years starting with his freshman class.
Q: Is it legal to add someone to a deed if the property already had a lifetime right clause in will and person was deceased
Leonard Robert Grefseng's answer
Sorry, but your haven't provided enough information to answer this accurately. A lawyer would need to see the actual will and deed to look the precise wording. When you say it was left "50/50" with "lifetime rights" - that is not the normal wording a lawyer would use and therefor, it is unclear what you mean. "Lifetime" would refer to a limited ownership ( a life estate) but that would also mean some other party would inherit when the life estate died.
Consult an experienced real estate...
Sorry, but your haven't provided enough information to answer this accurately. A lawyer would need to see the actual will and deed to look the precise wording. When you say it was left "50/50" with "lifetime rights" - that is not the normal wording a lawyer would use and therefor, it is unclear what you mean. "Lifetime" would refer to a limited ownership ( a life estate) but that would also mean some other party would inherit when the life estate died.
Consult an experienced real estate...
Q: I am 17 and have been recently been adopted. I will be 18 in 8 months. Could I legally move out?
1 Answer
| Asked
in
Child Custody, Family Law and Juvenile Law
for
Tennessee
on
Answered on Oct 20, 2017
Answered on Oct 20, 2017
Leonard Robert Grefseng's answer
No, under Tennessee law, you are not an adult until you reach age 18, and until that age you are subject to juvenile court jurisdiction for failure to obey your parents as an "unruly' child.
No, under Tennessee law, you are not an adult until you reach age 18, and until that age you are subject to juvenile court jurisdiction for failure to obey your parents as an "unruly' child.
Q: Can you take out a 401k loan while under Chapter 13?
Stuart Nachbar's answer
In New Jersey, you would need to request permission from the Chapter 13 Trustee to take funds from an exempt asset for current use because there maybe tax ramifications.
In New Jersey, you would need to request permission from the Chapter 13 Trustee to take funds from an exempt asset for current use because there maybe tax ramifications.
Q: Will tn extradite a person from texas for custodial interference
Leonard Robert Grefseng's answer
This can only be answered by the local District Attorney- extradition involves some cost, sending deputies to another state, so it is usually reserved for very serious offenses. Consult your elected District Attorney.
This can only be answered by the local District Attorney- extradition involves some cost, sending deputies to another state, so it is usually reserved for very serious offenses. Consult your elected District Attorney.
Q: married 16yrs have 8yr old. me and my husband will have an agreed divorce can we print and file papers w/out an lawyer?
Leonard Robert Grefseng's answer
Representing yourself in any legal matter is certainly possible and "legal," but at the same time it is probably unwise and possibly dangerous. If you had a broken bone, wouldn't you trust a professional to fix it? Similarly, it is usually best to allow a lawyer to guide you through the legal system. Getting a divorce is a lawsuit and court rules apply even though you both agree. When there are minor children, you have to have a "parenting plan" ( a court form) and a "child support worksheet" (...
Representing yourself in any legal matter is certainly possible and "legal," but at the same time it is probably unwise and possibly dangerous. If you had a broken bone, wouldn't you trust a professional to fix it? Similarly, it is usually best to allow a lawyer to guide you through the legal system. Getting a divorce is a lawsuit and court rules apply even though you both agree. When there are minor children, you have to have a "parenting plan" ( a court form) and a "child support worksheet" (...
Q: Car was in an accident now the person at faults insurance company refuses to fix damages. What do I do?
2 Answers
| Asked
in
Car Accidents, Insurance Bad Faith and Insurance Defense
for
Tennessee
on
Answered on Oct 19, 2017
Answered on Oct 19, 2017
Mr. James Charles Wright's answer
You may have to bring a lawsuit against them to make the insurer pay for the damage. You can turn the claim in to your insurer to have the car repaired and your insurer may pursue the other company as well as your deductible.
You may have to bring a lawsuit against them to make the insurer pay for the damage. You can turn the claim in to your insurer to have the car repaired and your insurer may pursue the other company as well as your deductible.
Q: How to get rid of tenants posessions, who is no where to be found and has not paid rent? First of all.
Leonard Robert Grefseng's answer
You can obtain a court order for "possession only" of the property by filing a 'detainer warrant" in general sessions court (Tennessee only- Virginia may have a similar process). Instead of serving/delivering the lawsuit papers to the person, the sheriff's deputies can "post" ( tape a copy on the door) the papers on the front door/main entrance of the property. You can't get a money judgment against the tenant this way, but again, you can get a judgment saying you are entitled to possession of...
You can obtain a court order for "possession only" of the property by filing a 'detainer warrant" in general sessions court (Tennessee only- Virginia may have a similar process). Instead of serving/delivering the lawsuit papers to the person, the sheriff's deputies can "post" ( tape a copy on the door) the papers on the front door/main entrance of the property. You can't get a money judgment against the tenant this way, but again, you can get a judgment saying you are entitled to possession of...
Q: My friend has a mother that is extremely controlling.She never physically abuses her,only mentally.Can anything be done?
1 Answer
| Asked
in
Family Law, Child Custody and Domestic Violence
for
Tennessee
on
Answered on Oct 18, 2017
Answered on Oct 18, 2017
Leonard Robert Grefseng's answer
Sorry, but you haven't provided enough information to answer accurately. It sounds like the situation is very complicated, so I strongly suggest your friend consider talking with an experienced lawyer. If she is close to age 18, she might consider asking for "emancipation" and again, this is too complicated to explain is format.
Sorry, but you haven't provided enough information to answer accurately. It sounds like the situation is very complicated, so I strongly suggest your friend consider talking with an experienced lawyer. If she is close to age 18, she might consider asking for "emancipation" and again, this is too complicated to explain is format.
Q: my brother stole my inheirtence of my mothers estate, now my dad is at the end of his life and I suspect...
Leonard Robert Grefseng's answer
While your father is still alive, I suggest taking him to a doctor and have him evaluated for mental competency. If he is competent, then perhaps you should make him an appointment with an attorney ( you can make the appointment but you should not attend, the meeting with the lawyer should be private). Your father can make his wishes known to the attorney as far as how he wants his estate to be distributed, and the lawyer can advise him on how to protect himself from things your brother may...
While your father is still alive, I suggest taking him to a doctor and have him evaluated for mental competency. If he is competent, then perhaps you should make him an appointment with an attorney ( you can make the appointment but you should not attend, the meeting with the lawyer should be private). Your father can make his wishes known to the attorney as far as how he wants his estate to be distributed, and the lawyer can advise him on how to protect himself from things your brother may...
Q: My 3 yr old was born in TN. When she was 2, her and the mother visited AZ and an incident occurred to where she was
Leonard Robert Grefseng's answer
Arizona has jurisdiction and probably will retain jurisdiction until you can convince the Judge there that you have fixed/corrected whatever it was that occurred which caused the child to go into State custody. You should consult an experienced family law attorney in Arizona asap.
Arizona has jurisdiction and probably will retain jurisdiction until you can convince the Judge there that you have fixed/corrected whatever it was that occurred which caused the child to go into State custody. You should consult an experienced family law attorney in Arizona asap.
Q: Why does the mother of my kids get an in home credit for her other child who is not mine?
Leonard Robert Grefseng's answer
I don't think you should think of it as a "penalty." The child support guidelines, in theory, try to treat all children equally, so that each child gets some support. Both parents have a duty to support. In your case, the mother has 3 children to support and you have two. The authors of the guidelines simply include an adjustment in the formula to account for the fact that she is supporting ( and support means more than just paying money) more children than you.
I don't think you should think of it as a "penalty." The child support guidelines, in theory, try to treat all children equally, so that each child gets some support. Both parents have a duty to support. In your case, the mother has 3 children to support and you have two. The authors of the guidelines simply include an adjustment in the formula to account for the fact that she is supporting ( and support means more than just paying money) more children than you.
Q: How soon after moving out is "a reasonable effort to re-rent the unit"?
Leonard Robert Grefseng's answer
Unless significant repairs had to be done on the unit, a month seems reasonable to me. Posting something on the internet doesn't require much effort or expense and if it had to be repainted or cleaned, that would not take more than 10 to 14 days. Hopefully, you took pictures of the condition of the property before you left to document its condition or you had a "walk through" inspection with the landlord before leaving.
Unless significant repairs had to be done on the unit, a month seems reasonable to me. Posting something on the internet doesn't require much effort or expense and if it had to be repainted or cleaned, that would not take more than 10 to 14 days. Hopefully, you took pictures of the condition of the property before you left to document its condition or you had a "walk through" inspection with the landlord before leaving.
Q: Are there any stipulations in TN about distance between your home and a gym that can void a contract?
Mr. James Charles Wright's answer
You will need to review your contract. There is often a provision as to you moving a distance away. I don't know that you're distance may be enough. But the contract language will control. If nothing else, you can talk to them and see if you can obtain any relief.
You will need to review your contract. There is often a provision as to you moving a distance away. I don't know that you're distance may be enough. But the contract language will control. If nothing else, you can talk to them and see if you can obtain any relief.
Q: Are there any stipulations in TN about distance between your home and a gym that can void a contract?
Mr. James Charles Wright's answer
You will need to review your contract. There is often a provision as to you moving a distance away. I don't know that you're distance may be enough. But the contract language will control. If nothing else, you can talk to them and see if you can obtain any relief.
You will need to review your contract. There is often a provision as to you moving a distance away. I don't know that you're distance may be enough. But the contract language will control. If nothing else, you can talk to them and see if you can obtain any relief.
Q: If my parents bought me a bedroom suite as a gift is it legally mine?
1 Answer
| Asked
in
Family Law, Contracts and Juvenile Law
for
Tennessee
on
Answered on Oct 16, 2017
Answered on Oct 16, 2017
Leonard Robert Grefseng's answer
I suspect not, but there is clearly more information needed to answer this accurately, and there are clearly more things involved than you have shared in this question. There is apparently some issue with your relationship with your parents since if it was clearly your property, you could simply ask them for it and they would let you have it.
You did not take it with you at the time you moved out, so that undermines your claim that it was your property.
it could be just equally...
I suspect not, but there is clearly more information needed to answer this accurately, and there are clearly more things involved than you have shared in this question. There is apparently some issue with your relationship with your parents since if it was clearly your property, you could simply ask them for it and they would let you have it.
You did not take it with you at the time you moved out, so that undermines your claim that it was your property.
it could be just equally...
Q: Will adopting another child through NEW marriage change current child support from divorce marriage? Will it Decrease?
Leonard Robert Grefseng's answer
I suspect not, although this decision would ultimately be left to the discretion of the local Judge in your county.
It is true that the number of children that one has to support is a factor in the calculation of support, but adopting a child is a voluntary decision, so some Judges say that you can't voluntarily assume a new obligation to reduce your existing support. In other words, you owe an existing duty to the first child/children, so you cannot intentionally take on more...
I suspect not, although this decision would ultimately be left to the discretion of the local Judge in your county.
It is true that the number of children that one has to support is a factor in the calculation of support, but adopting a child is a voluntary decision, so some Judges say that you can't voluntarily assume a new obligation to reduce your existing support. In other words, you owe an existing duty to the first child/children, so you cannot intentionally take on more...
Q: In TN can a lease purchase home, be lease purchased to someone else even if it is still under the original agreement.
Leonard Robert Grefseng's answer
If I understand your question, no, there can't be two contacts on the same property. If the owner has agreed to sell it to one person, then they can't promise to sell the same property to someone else as they would breach the contract they made with the first person. Contracts can be recorded like deeds can be recorded, and they can affect the 'priority" of the two contracts. You should consult an experienced real estate attorney very soon.
If I understand your question, no, there can't be two contacts on the same property. If the owner has agreed to sell it to one person, then they can't promise to sell the same property to someone else as they would breach the contract they made with the first person. Contracts can be recorded like deeds can be recorded, and they can affect the 'priority" of the two contracts. You should consult an experienced real estate attorney very soon.
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