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Tennessee Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: Is it legal for law enforcement to use a CI for drug deals in a home with children?

Is it legal for law enforcement to send a confidential informant into someone's home to set up a drug transaction when children are present, especially when the children let the CI into the home, the parents did not consent to the CI's entry, and the resident of the home was unaware of... View More

Anthony M. Avery
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answered on Feb 21, 2025

If the confidential informant for the government admits on the stand that he participated in a drug deal, then he has admitted that he has committed a crime. Many times DAs ignore the crime here committed, but cross examination of LEOs can disclose a question why the defendant is charged but not... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: In TN, am I liable for shoplifting charge from 2023 without prior filing?

I was accused of shoplifting from a Walmart in Tennessee in October 2023 with charges never filed at the time as police were present and banned me from the store on the same day. On a recent day, a sheriff attempted to serve me with a class A misdemeanor ticket, claiming it involved $25 worth of... View More

Anthony M. Avery
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answered on Feb 21, 2025

It is possible the SOL is busted. But you will need a TN attorney represent you, bring you in off the Docket, and set a hearing . Even if no motion to dismiss, you will need to get charge diverted, dismissed and expunged, with possible restitution.

1 Answer | Asked in Probate for Tennessee on
Q: As a beneficiary, should I have received a copy of the will in Knoxville, TN?

I am a beneficiary of a will from Knoxville, TN, and I believe the will was originally executed in fall 2021. I received notice about being a beneficiary in spring 2022 but haven't received a copy of the will or any communication from the executor. I'm currently living in the UK and am... View More

Anthony M. Avery
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answered on Feb 19, 2025

Has the testator died? If not then your inquiry is premature. If a will is filed for probate then the executor must send a copy of the will to all interested parties and certify the same to the Court. If you think there should be a will contest, then you will need grounds. witnesses and a... View More

1 Answer | Asked in Tax Law and Real Estate Law for Tennessee on
Q: Which value do I use for capital gains tax on inherited property sold in TN?

I received a property through a quit claim deed from my mother in 2023, and she continued to live there until she passed away in early 2024. She originally purchased the house in 1995 for $95,000. The property's value was approximately $350,000 at the time of her passing, and I sold the house... View More

Phillip Todd Zagotti
Phillip Todd Zagotti
answered on Feb 16, 2025

Hi there.

Unfortunately, when you inherited the property, you received your mother's original basis, which is $95,000. This amount will be used to calculate any capital gains.

If you had inherited the property after her passing, you would have benefited from a step-up in basis...
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1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Tennessee on
Q: Driver's license unlawfully suspended; no communication from DMV

I believe my driver's license was unlawfully suspended. I was not given any explanation or communication from the DMV regarding the suspension. I have no recent traffic violations or tickets, and this has affected my ability to apply for a job in another state.

Anthony M. Avery
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answered on Feb 15, 2025

DOS (not dmv) issues TNDLs. So you have to make them happy. Contact DOS and try to get a list of things you need to fix/pay to get reinstated. A DOS Hearing would probably do you no good, and take too long. You might need a TN attorney to assist you, but most of it you do yourself. Get... View More

1 Answer | Asked in Tax Law and Probate for Tennessee on
Q: How to determine capital gains tax on inherited property sold in 2024?

I inherited a property on January 31st, 2024, and sold it on November 22nd, 2024, for $176,000. I made no significant improvements to the property, and I'm unsure if the buyer did. I didn't have an appraisal or receive professional advice on capital gains. How do I determine the capital... View More

Nina Whitehurst
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answered on Feb 15, 2025

You need SOMETHING to show to the IRS, in case you are audited, proving the value on the date of death. It could be a formal appraisal, but for something like this you might get away with a simple broker's opinion of value. But the more time that goes by the harder it will be to create this.... View More

2 Answers | Asked in Trademark and Intellectual Property for Tennessee on
Q: Am I violating the trademark if I use the name “Good Grief!” for my ministry of funeral and graveside services?
Dominique Young
Dominique Young
answered on Feb 13, 2025

You would have to conduct a USPTO trademark search to see if the words have already been registered by another business or individual. Then I would conduct a more comprehensive search with a trademark search company to see if another business/individual has registered the word phrase. If not,... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: I've been on probation for half my sentence and paid the fines. Will I get dismissed when I go back to court next month?

I'm on it for two assault charges and I've only had a civil no contact since I got on probation. Also wondering if I'll be drug tested since I just got moved to unsupervised probation?

Anthony M. Avery
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answered on Feb 11, 2025

If you pled guilty to crimes then those are permanent convictions. If you got Diversion, then completion of the suspended sentence, costs, restitution, etc. should get them dismissed where you could expunge your record. Read your Warrant Disposition/Judgment of Conviction verbatim, or better,... View More

1 Answer | Asked in Probate for Tennessee on
Q: Half beneficiary and disinherited heir Will contest

If a will contest has been filed in Tennessee but has not yet gone to court, can the contesting parties withdraw their case and still inherit under the will?

Additionally, if their contest has caused delays without presenting any evidence, should I file a motion to dismiss the case? Would... View More

Anthony M. Avery
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answered on Feb 8, 2025

The contesting parties as plaintiffs can certainly voluntarily dismiss their Will Contest action by a written Notice to the Court and with service on all Parties. However they may be liable for unpaid Court Costs under their Bond filed in the action. A proposed order should accompany the notice... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I just bought the lot next door. The neighbors power and City Water run across my new lot. Can I make them move them?

The lot in question was one big rectangle that was sub-divided into two lots. The right front corner is one lot and a large flag lot the other. A house was put on the small right front corner and the water was run underground crossing the left front corner of the flag lot. The original owner of... View More

Anthony M. Avery
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answered on Jan 27, 2025

Have you searched your title? If no recorded easements, then try to estimate how long those pipes have been underground. 20 years gives them prescriptive use easements, and they maybe have easements through other laws. I doubt you are able to build without marking the ground where the pipes... View More

2 Answers | Asked in Immigration Law for Tennessee on
Q: Can my mother who's been an illegal immigrant for over 25 years be deported for filling a I-130?

My mother is an illegal immigrant from Nicaragua who's been here for over 25 years. She has a work permit but it expires in June. Months ago, my sister who's an citizenwho was 26 at the time filed an I-130 for her. My mother let her take charge of it but I don't believe they did it... View More

Kevin L Dixler
Kevin L Dixler
answered on Jan 26, 2025

She has a final order of removal with the Department of Justice, so ICE has the responsibility to execute the order. However, this will depend on Agency discretion and policies.

This means that DHS, as a whole, must decide what to do. Her petition and case are pending with two different...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a judgment be changed w/o defendant notified for Probation violation that has not been to court?

My son was given a 30 day sentence, w/work release (he paid for) and probation on a Friday and to report to PO the following Monday. That Saturday he was arrested w/unrelated charges and the court date was set a month later. He went to that court date which was rescheduled for another month so... View More

Anthony M. Avery
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answered on Jan 24, 2025

His Sentence would probably have been 11 mo/ 29 days, with 30 days to serve on work release. But new charges violated the probation. Nothing unusual here, just that he is involved in many crimes and they are starting to prosecute him. More charges may follow. I doubt work release will ever be... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Criminal Law. So there is 12 ppl on a federal indictment and every one except one person is taking a plea but one person

Who has the most charges on the indictment, trafficking cocaine, meth and other illegal drugs plus money laundering is going in front of the jury is that the best thing to do?

Anthony M. Avery
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answered on Jan 23, 2025

Noone can know what is the best voluntary disposition without being his lawyer and investigating his Case. Defendant and his lawyer need to investigate the disclosed facts, examine witnesses and prepare for trial. The lawyer should also examine the possible federal Sentences involved. Then... View More

2 Answers | Asked in Foreclosure for Tennessee on
Q: what is the process or cost to evict a previous owner in a foreclosure sale in tn

Looking for general info. Looking to buy a foreclosure in the very near future

property is currently occupied by owner on foreclosed loan

Keith Edmiston
Keith Edmiston
answered on Feb 9, 2025

It's a relatively simple process. You file a detainer warrant with a copy of the Trustee's Deed or Substitute Trustee's Deed attached to it. It is only very rarely when someone has a defense to the detainer. Typically the occupant does not show up. Once you get a judgment, if... View More

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1 Answer | Asked in Contracts for Tennessee on
Q: is it discriminatory for a business to refuse service on the basis of pregnancy?

The gym that I'm a member of is refusing to allow me to use the equipment due to my pregnancy despite only being 8 weeks along.

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2025

A Tennessee attorney could advise best, but your question remains open for a week. Yes, you could raise the argument that it is discriminatory. They could raise the argument that they have the right to invoke policies that protect themselves from members who file injury claims on the grounds that... View More

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: How can I obtain a indigent affidavit to waive my tickets that are old in other counties. Due to loss of income.

I'm on child support. My tickets are a few years old . I recently just got released from prison. I'm a felon. And I'm mentally ill.

Anthony M. Avery
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answered on Jan 7, 2025

Some Courts will allow you to get rid of some fines and costs as indigent. But you will have to ask each individual Judge or their clerk to apply as indigent. All Courts will require some payments if not all. Driving is not a right. Hire a TN attorney to help but most of it is you finding... View More

2 Answers | Asked in Estate Planning for Tennessee on
Q: My husband died on Jan. 3 2024, and his estate was set up with TOD's on all financial holdings except his bank account.

How can I disperse the funds without probate.

Nina Whitehurst
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answered on Dec 14, 2024

If the bank account was in both names, then just present a death certificate and they will take his name off the account and leave your name on. If the bank account was in your husband's name alone and the balance is under $50,000, then you can collect it with a small estate petition. If the... View More

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2 Answers | Asked in Criminal Law for Tennessee on
Q: I failed a drug screen on mistamenor probation what will happened to me when I go to court

It would be my 1st violation

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Dec 10, 2024

Younever exactly know what will happen when you go to criminal court. Usually, it depends on the jurisdiction.

If this is truly your first criminal offense, then you can ask for diversion, which allows you to have your record expunged if you don't get in trouble for a year....
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1 Answer | Asked in Consumer Law for Tennessee on
Q: Is there a statue of limitations for collections from TN AG’s office. I never received a bill & 2018 is the last year

On Saturday, Nov 23, 2024 I received a letter from AG’s office in TN saying I owed them over 80k. The last year I had interaction with them is during an inquiry by the TN medical license board regarding false allegations of over prescribing opioids. I had practiced for 33 years when the hospital... View More

Anthony M. Avery
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answered on Dec 7, 2024

Not sure of what the $ 80K alleged debt is for, so I cannot give you a SOL, There is a 10 yr catch all SOL, but if criminal costs are involved, it may be part of a sentence. But you do have Exemption Rights, which you might need to assert by Notice Of Exempt Properties if CH 7 Bankruptcy is not... View More

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: Do I have a negligence claim against my insurer for delaying my storm damage claim due to their address error?

A severe storm damaged my home on Sept. 28, 2024. Despite clear evidence of damage, my insurer delayed the claim process, repeatedly demanding more inspections, interviews, and placing me under a special investigation. They seem suspicious that I don’t actually live in my home, which is required... View More

Anthony M. Avery
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answered on Dec 6, 2024

Suing an insurance co for bad faith is possible, but only up to 25% of claim amount is possible judgment. (both are by Statute) Ins Co can also counterclaim for bad faith suit against you. It is risky and difficult to sue your own carrier, but talk to some real lawyers in your area about... View More

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