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Tennessee Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My uncle passed away 11/21. He left his estate to my grandmother and her disabled daughter. His wife was the executor

His wife decided to sue for half of estate.My nana passed away 02/22 while in the nursing home. TennCare immediately put a lean on my uncles estate. Judge ordered all assets to be auctioned. My aunt, whom is disabled still resided in the home. How can TennCare sieze property if a disabled person... View More

Anthony M. Avery
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answered on Nov 9, 2024

Daughter was not an owner of the property, so TennCare Lien against Uncle had priority against any heir of his. The Estate was the place to fight the Lien. Everything is apparently over now. Probating the Estate was the mistake, as Spouse could have got a year's support, third of... View More

1 Answer | Asked in Elder Law and Small Claims for Tennessee on
Q: Can you take a hospital to small claims court for a missing wedding ring?

My 78 year old husband was taken to the ER for Suicidal Ideation caused by his memory issues. They took his clothes , credit cards phone and wedding ring. They did an inventory. He was transferred to a psych hospital. When he checked out of the psych hospital the gave him his clothes, phone and... View More

Anthony M. Avery
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answered on Nov 8, 2024

If the ring was worth alot of money you can sue for conversion in General Sessions Court. You will need an attorney, witnesses to the ring's turnover and coming up missing, and its value. Name of hospital and its registered agent will have to be determined. Adding a suspected nurse as a... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: If I got a dui in TN , and decide to not drive for the year cause suspended license . Mandatory to have interlock?year?

Is it mandatory to have an interlock when I get reinstated although my year suspension is completed

Anthony M. Avery
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answered on Oct 29, 2024

Not eligible for DL until all requirements of DUI Sentence and DOS requirements are met. Call DOS and ask what is needed. Blowmeter is for that type of license, so you might get out of it with a reinstatement after Sentence completed. SR22 Insurance should still be a requirement. DOS... View More

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: Clamming land that was quite clammed deeded and now person's are dead

A portion of property from original property was quite claim deeded to persons that are now dead . How to go about getting that piece of land back

Nina Whitehurst
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answered on Oct 25, 2024

There are too many facts missing from your narrative to answer your question in any definitive way. As to each name on the deed an attorney would need to know if the person died testate or intestate, where he or she died, whether the estate was ever probated and where, if the death was recent... View More

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1 Answer | Asked in Contracts, Real Estate Law and Probate for Tennessee on
Q: What are my options for speeding up a sale?

I am in the process of buying property from heirs of an estate. Apparently the estate was still in probate and the lawyer is delaying the closing. Acontract was signed with all heirs agreeing to the sale and the price. The contract expires on October 31. The money has already been paid but the... View More

Anthony M. Avery
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answered on Oct 22, 2024

You can hire an attorney to search the title and examine the Probate Case to evaluate it yourself. Sometimes some heirs are not cooperative, but could be persuaded. But sometimes the title is bad and cannot be properly conveyed. Claims may be affecting the solvency of the Estate, or... View More

2 Answers | Asked in Trademark and Intellectual Property for Tennessee on
Q: I understand that "BASKETBALL MOM." is trademarked. Does the period on the end mean you can use this without the period?

I just want to know if I can use the phrase, "Basketball Mom" without the period on the end?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 11, 2024

There is a pending application to register the mark BASKETBALL MOM ending with a period, used as a brand for t-shirts. The punctuation is not significant, that is, the mark would be infringed by usage as a source identifier for t-shirts whether or not the period followed the words. There is no... View More

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1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: My husband died June 6th 2020 at Trousdale.. because no medical attention.. could I please join the families in this

June 6th 2020 there was a massive fight and guards fearful off their life and under staff medical team

My husband got hit in the chest and medical attention took their time getting to him fearful of their own life. They said he died of heart attack but this is not sitting right with me .

Seamus Kelly
Seamus Kelly
answered on Oct 10, 2024

First, condolences for your loss. I'm afraid your past the statute of limitations, or time limit, to bring a lawsuit, as wrongful death needs to be brought within one year of the date of death. To the extent the committed fraud to cover up the cause of death, you may be able to restart the one... View More

1 Answer | Asked in Car Accidents for Tennessee on
Q: Daughter was in a wreck (other party is 100% at-fault)

At-fault party's insurance is State Farm who I have been fighting with over valuation (they decided that her car should be totaled). They are way off of what local comp value is locally. I asked for additional compensation for loss of use and economic damages, but they blew me off and... View More

Seamus Kelly
Seamus Kelly
answered on Oct 10, 2024

There's nothing wrong with you contacting the direct party, but I'm not sure it will be worth your time. Most people are just going to defer to their insurance, and I doubt the adjuster is offering anywhere close to their policy limit, so it's just going to circle back to the... View More

1 Answer | Asked in Probate for Tennessee on
Q: Hi. I inherited a house in TN. I am the personal rep and sole beneficiary. There is no money for the estate account yet.

When my mother passed recently, she had a loan and credit card that totaled about 22K. Around 100K mortgage remains on the house, and I am making payments as a Successor in Interest. I plan on having an estate sale to help fund the estate account. It may not cover all of it. I live in another state... View More

Anthony M. Avery
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answered on Oct 9, 2024

If you have not filed for Probate, then do not without the advice of counsel. You probably do not need to, which will attract creditor claims. Hire a TN attorney to search the title, determine heirship and record an

Affidavit of Heirship. As one of the owners, or the owner, you can...
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1 Answer | Asked in Estate Planning for Tennessee on
Q: What is a "non statutory, non grantor,irrevocable, discretionary,complex, spendthrift" trust? Social media scams?

I'm seeing a lot of social media "gurus" tout this specific language when referring to set up a trust. They say a lawyer cannot set these up and the only way to sue the trust is in the supreme Court.

It's very obvious that this is a scam but without a legal background I... View More

Nina Whitehurst
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answered on Sep 29, 2024

The IRS released a memo on August 9, 2023, discussing non-grantor, irrevocable, complex, discretionary, spendthrift trust.

The memo was limited to rebutting the promoters misinterpretation of IRC 643 on the avoidance of income tax. The link to the memo is below....
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1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Traffic Tickets for Tennessee on
Q: Do you have to pay parking tickets issued by a public university? What can they do if you don’t?

I’ve received a few parking tickets from the University of Tennessee. I was wondering what would happen if I don’t pay them and if there are any repercussions to not doing so.

Anthony M. Avery
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answered on Sep 25, 2024

Parking Tickets are rarely moving violations, so do not go on your MVR. You can be sued for the money, and if the same Court that hears your Parking Tickets also has a Rule of the Road Violation before it, you will have to pay the Parking Citations prior to dealing with the other Offenses cited.

1 Answer | Asked in Estate Planning, Health Care Law and Elder Law for Tennessee on
Q: My MIL lives with me in TN and has property in NC that is not habitable. Is property protected asset with medicaid

She is in need of long term facility care.

Nina Whitehurst
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answered on Sep 19, 2024

If the property your MIL owns in NC is in her name, it would be a countable asset for Medicaid qualification purposes and would most likely be disqualifying. However, there are techniques that can be used to obtain Medicaid qualification while still owning the property and trying to sell it. An... View More

1 Answer | Asked in Business Law for Tennessee on
Q: i am looking to sell my llc and my partner is under the assumption he will get back all of his initial startup costs

before our percentage split is this true as we dont have an operating agreement

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 3, 2024

The sell and distribution of proceeds would be controlled by statute. The statutes that deal with this are more complex- and this is a simplification: If someone is buying the entity - creditor's claims would be dealt with first. After paying creditors if there are funds left over - any... View More

1 Answer | Asked in Divorce for Tennessee on
Q: When getting a divorce and both parties names are on the deed can one them make the other one move out

We bought a double wide mobile home together and put it on my wife mother's property and now she wants me to leave and the mobile home is payed for can she force me to take the money she is offering

Anthony M. Avery
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answered on Sep 1, 2024

You made an improvement to someone else's real property. That is called a gift. Your lawyer can argue for an equitable distribution. It sounds like you are not on the deed. You might argue to move and sell the MH, but it probably will not be worth it. You might ask for alimony if... View More

1 Answer | Asked in Foreclosure for Tennessee on
Q: My home was sold at a foreclosure sale. It sold for 246,000.00. My home and 250 acres on a river.

The person who bought it just sold it for 1.3 million dollars. I have been searching irregularities in foreclosures and found that if the sale price is significantly lower that the value, it could possibly be challenged. I am in Tennessee.

Anthony M. Avery
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answered on Aug 30, 2024

That would be an uphill climb to claim it shocked the Court's conscience. You might look for an attorney to file it, but it is doubtful. The foreclosure sale is what you would attack, not the later sale. So time is running against you. Foreclosures must be enjoined before the sale... View More

1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: In Tennessee, are motor vehicles legal in rivers?
Tim Akpinar
Tim Akpinar
answered on Aug 30, 2024

A Tennessee attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, you could check with your state's DMV or recreational, boating, or public safety agencies. If you mean to enter briefly to launch a vessel from a... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: Currently paying child support and my ex wife doesn’t follow along with the PPP

My daughter is currently in kindergarten on a scholarship for her private school, but before this, I was paying child support AND my daughter’s tuition. Since she has gotten this scholarship, I no longer have to pay tuition. I have sent in my updated pay info to the state of TN, and have yet to... View More

J. Ryan Johnson
J. Ryan Johnson
answered on Aug 29, 2024

If someone’s not sticking to the parenting plan, there are two ways to handle it. One’s pretty straightforward, the other’s a bit more flexible.

First up, contempt of court. If they’re breaking the rules, they could face up to 10 days in jail for each violation.

Second, you...
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1 Answer | Asked in Child Support and Family Law for Tennessee on
Q: Ive ben legally married for almost 12years,and have a 10yo daughter with him.However I have not ben with him in10

of the yrs.Hes seen our daughter 5-6times tops then just stopped showing up,dont even call to check on her or on holidays.Hes NEVER given me a dime,not even when pregnant.He has a child with someone else witch she dont let him see him bc the baby(3/4yo)came home with bruises from a visit wit... View More

J. Ryan Johnson
J. Ryan Johnson
answered on Aug 27, 2024

You can seek child support from someone you are married to if you're living apart.

It would be better for you for him to file his takes so you can intercept his returns for unpaid support.

If he goes on disability, there should be an additional award for the child with a lump...
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2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested for DUI in TN. I take a few prescription medications that could be sedating. What are the maximum charges

Clonazepam for sleep, Lyrica for pain, and a intrathecal medication pump that contains fentanyl.

Anthony M. Avery
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answered on Aug 19, 2024

Hopefully you did not submit a blood test. Those drugs will show up and will be insurmountable unless it was an illegal stop. If 1st offense, 11 mo/ 29 days in jail, $350 fine and costs. DUI is an expensive crime. You will probably serve 48 hrs but lose your DL. Blowmeter may be an... View More

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2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested for DUI in TN. I take a few prescription medications that could be sedating. What are the maximum charges

Clonazepam for sleep, Lyrica for pain, and a intrathecal medication pump that contains fentanyl.

Daniel Woodard
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answered on Aug 26, 2024

In Tennessee, the statute for DUI generally requires the state to prove 3 things: (1) that you were driving or in physical control of any automobile, (2) that you were on any of the public roads and highways of the state, and (3) you were under the influence of a substance or combination of... View More

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