Lawyers, Answer Questions  & Get Points Log In

Tennessee Questions & Answers

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on

Q: Does a male cop have the right to search a female or does he have to call out a female cop to search her

Cayley Turrin answered on Sep 14, 2019

It really depends on the situation.

1 Answer | Asked in DUI / DWI and Child Support for Tennessee on

Q: I don't know how it works but I'm on my 4th dui. My 1st was when I was 16 and was charged underage. I haven't done jail

Anthony M. Avery answered on Sep 14, 2019

You are charged with a serious Felony. Hire a competent attorney immediately. You may be able to attack the earlier convictions, so that sentencing will not be a Felony. Obviously you need to get ready for a Preliminary Hearing and possibly later, Trial. If the State does not agree to a 2nd or... Read more »

2 Answers | Asked in Criminal Law for Tennessee on

Q: Does the k9 hit exactly where the drugs are located

Anthony M. Avery answered on Sep 13, 2019

Sometimes yes, sometimes in an area with drug residue. The dog's alert is what the cop looks for, probably in the general area where the dog alerted. The cop/handler is the witness, not the dog. If you believe there was an illegal search, hire a competent attorney to move to suppress evidence... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Tennessee on

Q: In TN when you sign a repair, replace agreement, and then the seller won't sign it what recourse do we have?

The seller would not do all the repairs listed on the home inspection so we agreed to do the repairs she did not want to do. we signed the agreement, in good faith now she will not sign it.

Anthony M. Avery answered on Sep 13, 2019

So.... It appears that you made a new agreement to perform repairs yourself. That is, no breach of contract apparently. And it is doubtful you would collect anyway. You made a mistake modifying the Contract yourself, and possibly should have walked. Always have an attorney in any real... Read more »

1 Answer | Asked in Divorce for Tennessee on

Q: Can i file just my answer (admit/deny) to a divorce complaint, then later file a counter-complaint? No lawyer

I have to file an answer by Monday 9/16/19, I can't afford a lawyer and need to ask for transitional alimony. Another thought I had was to file a motion for mediation in hopes of not having to ask for alimony. What should I do and how do I do all of this without a lawyer?

Anthony M. Avery answered on Sep 13, 2019

If there is any property, debts or children involved, you need an attorney. You will need to make the counter-claim with the answer, if you have grounds. More importantly I hope there are no grounds against you and do not admit there are Irreconcilable Differences without an acceptable... Read more »

1 Answer | Asked in Estate Planning for Tennessee on

Q: Can the executor of the Will continue liquidation of estate assets absent an injunction?

My sister’s boyfriend committed suicide and named her as the executor of his very specific will. She has completed more than half of the administration aspects of the Will after receiving the Letters Testamentary by the court. The Will was prepared by an attorney per TN statue. The Will... Read more »

Anthony M. Avery answered on Sep 13, 2019

No, the Executor can continue performing her duties as a Fiduciary. But if a Will Contest is successful, the Executor will have to account for all property and cash. She needs to be careful, but if it is not time critical, she might wait to see if a Contest is actually filed. She has a duty to... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: I was charged with a p.i. and released the following morning with a 25$ dollar fine

My probation officer issued a sanction.

He is now saying that I was to serve 30 days in jail over the p.i. charge but again I plead guilty and was released that following day with a 25$ dollar fine I'm confused

Cayley Turrin answered on Sep 13, 2019

PO is wrong but it is up to 30 days in jail you just weren't sentenced to that.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on

Q: My tenant’s AC stopped working one evening. I missed her calls and she called repair man herself.

She got it fixed and texted me she would just deduct from rent. I know this isn’t legal but what is Landlords recourse? Can I withhold deposit for the repairs? It was a matter of a few hours, not even 24hrs to remedy on my pair.

Leonard Robert Grefseng answered on Sep 13, 2019

If she doesn't pay the correct amount of rent- that is a breach of the lease. She can only withhold rent in very limited circumstances, and as you say, it does not appear that she gave you enough advance notice or time to perform any repairs ( this assumes you are located in an area covered by the... Read more »

1 Answer | Asked in Family Law for Tennessee on

Q: How do I gain guardianship of my mother with Alzheimer's and dementia?

My mother does not have a p.o.a. shes recently been diagnosed with dementia and Alzheimer's. Her bills are not getting paid. She's not eating. She refuses help and meals on wheels. I don't have the income to pay for court costs, how do I take over so she's financially safe and gets the care she... Read more »

Leonard Robert Grefseng answered on Sep 13, 2019

You do not have to spend your money- the cost of a "conservatorship" should be paid from her assets. You will need a sworn statement/affidavit from her doctor confirming the diagnosis of dementia but also stating the doctor's opinion as to whether she can manage her own affairs ( do this first... Read more »

1 Answer | Asked in Probate for Tennessee on

Q: I live outside of Texas where my dad passed. Do we need a lawyer from Texas to probate or can they be from other state?

Nina Whitehurst answered on Sep 13, 2019

You really should hire a Texas lawyer. Probate laws vary widely from state to state and local rules can vary quite a bit too from county to county within a state.

1 Answer | Asked in Products Liability and Small Claims for Tennessee on

Q: Didn't sign my whole name on both parties sheet, stamp was not done at time of signing, did not sign notary jornal

Leave in Tennessee is this notary valid

Anthony M. Avery answered on Sep 12, 2019

Probably not a problem. Journal entry is not required and the Seal can be affixed later, but needs to be there prior to the instrument being used or relied upon. Notaries should sign their full names, but often do not.

1 Answer | Asked in DUI / DWI for Tennessee on

Q: i have a dui question Initially got it in AZ but now live in TN

I did not finish my interlock (1 year) in AZ, but did finish all other requirements including 15 days incarcerated. Do I have to have an interlock in Tennessee? For 12 months?

Anthony M. Avery answered on Sep 12, 2019

You need to talk to your Arizona Lawyer. Possibly you have violated your Probation Order. However you should be able to drive anywhere with the Interlock Device. If you are found driving without it, it will be bad.

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Tennessee on

Q: Can police have un-marked cars with regular plates not state or municipal plates on them.

Anthony M. Avery answered on Sep 12, 2019

Absolutely. Many Law Enforcement Officers drive their own vehicles all the time, and still conduct stops and enforce laws. They may show a badge or activate their lights, or just follow you until you stop.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on

Q: Can a cop search a vehicle on minor traffic stop, that isn't the drivers car & I say no to search it don't belong to me

The cop pulled me over as I was turning in my friend driveway so it was private property. When I told him no to the search he already had a k9 cop present plus another cop car present for minor traffic stop. He ran the k9 around the car without my permission and they said the dog hit but he never... Read more »

Bennett James Wills answered on Sep 12, 2019

The police can stop a car with probable cause - such as a minor traffic violation. If you do not consent to a search, the police can use a K9 so long as the use of the dog does not prolong the traffic stop. If the K9 hits on the car, that is probable cause to search the interior. If you have been... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Tennessee on

Q: Does K-9 Police Dog have wear something visible that let's you know it's a cop and the handler also have to

Minor traffic stop why would cop ask to search the vehicle & when being told no the car wasn't mine he got k9 and the k9 never found any drugs

William Jaksa answered on Sep 11, 2019

Each police service sets its own policies and rules about officer's uniforms. However, the unlawful motor vehicle search would make an interesting argument if you were charged.

2 Answers | Asked in Estate Planning for Tennessee on

Q: Does the wife, in Tennessee, automatically get her diceased husband's personal property by law if he has no will?

My husband is "too busy right now" to draw up a will. We moved to Tennessee from Florida in Sept 2018 and bought a house with a mortgage. He has two daughters with families in Colorado. I am their step-mother. If he dies, does his personal property automatically go to me, his wife, by Tennessee law?

Leonard Robert Grefseng answered on Sep 11, 2019

A surviving spouse is entitled to certain household goods and the family automobile if the deceased spouses dies without a will. Review Tennessee Code Section 30-2-101. The surviving spouse has other entitlements ( a homestead allowance and a "years support, etc ) but all of these are NOT... Read more »

View More Answers

2 Answers | Asked in Probate for Tennessee on

Q: My ex husband has passed away and his estate and probate is pending. My now husband is about to adopt mine and the

deceased daughter. Will that affect anything she will receive once she turns of age from the estate of deceased father?

Anthony M. Avery answered on Sep 10, 2019

Your facts have some mistakes. But I believe what you are asking is whether the daughter can inherit from both her actual Father and her adopted Father. No.... Once she is adopted, that is her Father and she has no relationship with her biological Father from the Adoption Order

and...
Read more »

View More Answers

2 Answers | Asked in Car Accidents for Tennessee on

Q: A Person hit me and it was there fault

A

Mr. James Charles Wright answered on Sep 10, 2019

If the car had insurance then the claim can be turned into the owner's insurance company. Also make sure your company is aware of the loss. If you have insurance the claim can either be handled under your uninsured/ underinsured motorist coverage- or if you have full coverage then your company... Read more »

View More Answers

1 Answer | Asked in Child Custody and Family Law for Tennessee on

Q: I turn 18 in october, but i’m still in high school. Can i legally move out in the state of Tennessee when i turn 18?

Leonard Robert Grefseng answered on Sep 10, 2019

At age 18, any person is considered an adult in Tennessee ( except for the purchase or consumption of alcohol, for which the minimum age is 21).

The real issue, which is not stated in your question, is whether you should move out: do you have the maturity and resources to live...
Read more »

2 Answers | Asked in Banking, Estate Planning and Real Estate Law for Tennessee on

Q: My grandfather passed away and left his estate in my name. My grandmother is still alive and the bank is threatening

foreclosure, because they owe $27,000. As the property owner what are my options?

Leonard Robert Grefseng answered on Sep 9, 2019

If the bank is threatening foreclosure- that usually means they have a lien on the property, and if you acquired that property by inheritance, you acquired the property SUBJECT to the Banks lien: this means that if you want to keep the property, you will have to pay the loan. You don't owe the... Read more »

View More Answers

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.