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Tennessee Questions & Answers
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

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.

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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

1 Answer | Asked in Criminal Law, Estate Planning and Probate for Tennessee on
Q: I live in TN. Sister kept my portion of 1 quarter of my stiil living dads house, one of them at that time 2013.

He got temporarily remarried in late 2012?. Said he wanted me to have one fourth of the sell of his cabin and he was letting my half sisters be over the sell. The girls sold it in 2013 for 168k and they never gave me a penny. He's still alive and recently been put into hospice care in FL.... View More

Anthony M. Avery
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answered on Dec 2, 2024

I know of no cause of action that has a long enough statute of limitations for suits against any of them. If you are an heir to any real property then you can sue for partition. Search titles to see if anything still in the family. Sometimes conveyances are made which forgets about some of... View More

1 Answer | Asked in Constitutional Law, Criminal Law, Federal Crimes and Juvenile Law for Tennessee on
Q: What happens to someone that makes a false police report and get a Innocent person that’s already on after care arrested

The after care is a requirement for the juvenile to be at home

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 28, 2024

Believe it or not, this happens all the time. Typically, the scenario is this. Someone abuses or threatens another person. Usually, it is a spouse or boyfriend or girlfriend. The person who did the abuse gets scared and calls the police and tells them that they were abused. This can be tough... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Do I still owe rent and be evicted for late payment by a master tenant if I end up inheriting the property?

I was a sublessee owing rent to a master tenant in a property owned by my late great uncle.

Following my great uncle's death, I began falling short on payments and was served an eviction notice by the MT. However, I was later informed that I had become the sole beneficiary of my late... View More

Anthony M. Avery
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answered on Nov 27, 2024

If you own the property by Intestate Succession, then hire a competent attorney to represent you. Do not know what a master tenant is. You definitely need to record an Affidavit of Heirship as your source of title. Lawyer needs to search title and draft the Affidavit. At Detainer Court you... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for Tennessee on
Q: How long is the tolling law good for that is past the statue of limitations of 6 years on credit card debt in Tennessee?

This is on a credit card from 18 years ago that I have no records of.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 26, 2024

In the State of Tennessee, the statute of limitations for breach of contract is six (6) years. There are certain ways that the creditors can obtain proof that you admitted the debt within 6 years. It could be a writing that you sent or it could be a recorded call with an admission. If it has... View More

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

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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

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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

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