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Tennessee Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother's estate is ready for distribution yet my sibling will not allow it to proceed. What are my options?
Anthony M. Avery
Anthony M. Avery answered on Sep 25, 2020

You have not stated sufficient facts. However if the Estate is ready for Distribution to Beneficiaries, then you can make a Motion to Distribute, or even a Partial Distribution. You can also make a motion to remove the fiduciary administrator/executor. But you may not know all the facts of... Read more »

1 Answer | Asked in Election Law for Tennessee on
Q: Where is the statute that majority party candidates are listed first on TN’s general election?

I was told by TN Secretary of State office that majority party candidates are listed first on general election ballots. I cannot find the legal justification for this. Can you direct me to it? Thank you

Bennett James Wills
Bennett James Wills answered on Sep 25, 2020

TCA § 2-5-208

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: Lenders inspection

We have all in my building just received a notice they're doing a lender's inspection next Tuesday the notice States the tenant must stand outside while they're doing the inspection they cannot legally make me do that can they I'm not real happy about that and I do not have... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 24, 2020

Look at your lease. Whatever rights the lender or owner may have to inspect would be included within the lease.

1 Answer | Asked in Products Liability and Car Accidents for Tennessee on
Q: Can I go to jail for a civil warrant

Car wreck no injuries

Tim Akpinar
Tim Akpinar answered on Sep 23, 2020

A Tennessee attorney should advise, but your question remains open for three weeks. Instead of losing time continuing to await a response, you should consider reaching out to an attorney to determine what action is required, as time may be of the essence here. Nationwide, car accidents generally... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Do I, as a beneficiary have the legal right in Tennessee to know how much the Power of Attorney was paid from the Estate
Anthony M. Avery
Anthony M. Avery answered on Sep 23, 2020

Not sure why an attorney in fact would be paid anything by an Estate. But you might start by looking at the Court File at Probate Court. It might list the claims or an accounting by the Administrator/Executor. Read the File verbatim. If it seems wrong, hire an attorney to examine the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Tennessee on
Q: Tennessee wants an original police report of a charge I sent a final disposition for from NY 10yrs+ ago for ccw permit

They want to verify that my misdemeanor charge isn't domestic assault or battery but it clearly States on the disposition that it isn't are they allowed because I feel like my rights for fire arms are being suppressed or neglected It's been more than the 60 days they say it takes I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2020

If necessary you will need to file an Action in General Sessions against the State. It is basically a Declaratory Judgment Action pursuant to Statute, and I believe you will need a competent attorney. This will need to be filed very soon.

1 Answer | Asked in Family Law for Tennessee on
Q: Im on the mortgage and my wife is on the deed with me. How to get my name off so she can keep the house. Her credit bad

We both agree to divorce. No kids together. She is in bankruptcy. She in Alabama and I’m moved to tn a yr ago

Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2020

Getting your name off the Mortgage/Deed of Trust and/or Note will not be easy. Possibly Wife can refinance it or sell the home. But both may be impossible with her BR, and she could discharge the debt leaving you solely liable on the Note if you signed it. If you are only on an Alabama Mortgage... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Speeding 45 in a 30 by LEO traveling in opposite direction with cars in front of him- states radar verify. Dismissable?

The court printout of ticket has incorrect address, incorrect DL# and wrong court date. LEO states radar tracked me at 45 in a 30 going there opposite direction. Is there a chance that I can get this dismissed?

Anthony M. Avery
Anthony M. Avery answered on Sep 21, 2020

Check with Court Clerk about the exact Court Date. Go to Court and be respectful about telling either the Prosecutor or the Judge about the incorrect Citation. Hopefully you will receive a Diversion or a Dismissal.

Remember you are only allowed 11 points on your MVR for the last year,...
Read more »

1 Answer | Asked in Insurance Defense and Traffic Tickets for Tennessee on
Q: Can I receive a ticket and be charged for not having insurance if the initial stop was for a non moving violation

example: tail light was out

Anthony M. Avery
Anthony M. Avery answered on Sep 21, 2020

Absolutely... LEO's can execute a legal stop for any Rule of the Road Violation they witness. Then other Charges may follow.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What if a renter is letting someine stay there that isnt on lease, what can landlord do? Increase lease and deposit?

they are renting in TN

Bennett James Wills
Bennett James Wills answered on Sep 21, 2020

The landlord could choose to file to evict everyone.

1 Answer | Asked in Personal Injury for Tennessee on
Q: Can I sue my ex spouse for injuries he inflicted upon me while married after I caught him cheating with his co-worker?

He was found not guilty by prosecutor. His Miranda rights were not read to him. I live in TN now, he is still in IN. I moved for my safety.

Bennett James Wills
Bennett James Wills answered on Sep 21, 2020

It depends on what the injuries were and when the occurred. And if the incident(s) occurred in a state other than Tennessee, you'll need to check that state's law on statutes of limitation.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was wondering about a small claim procedure on evidence

My ex-boyfriend stole my things and gave them to his new girlfriend I have pictures and I also have text messages saying that he did will that hold up in court

Bennett James Wills
Bennett James Wills answered on Sep 21, 2020

If you took the pictures and can authenticate same, then those may be admissible. Text messages against the ex are also likely admissible as an admission by party-opponent.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can an attorney represent a defendant (Bf) charged with Agg assault against a victim who he represents in another case?

My ex wife’s bf was charged and arrested for Agg assault. Her attorney represented her bf in court against her. The charges were dropped. The Same attorney also represents her in a child custody lawsuit. Is this not a conflict of interest or something?

Cayley Turrin
Cayley Turrin answered on Sep 21, 2020

I would not personally do it. But they can if they both waive a conflict of interest.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can i get my theft under 500 charge from Wal-Mart thrown out on the grounds of being disabled with brain injury

I actually thought my car had been stolen from Wal-Mart parking lot while i was in jail that night. My aunt finally found out that it was at a different walmart. That is how bad my memory is along with many other issues bc of my brain injury disability

Shanone Emmack
Shanone Emmack answered on Sep 21, 2020

If you mental capacity was in question at the time of the event (the theft) then I suggest hiring an attorney to talk to the District Attorney and request a mental evaluation . Good Luck!

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I got pulled over in a "school zone" that the flashing lights were off and i didn't know kids were present due to covid

and received a ticket but the officer didn't ask me to sign it on the paper or on an electronic device. Does that mean an automatic dismissal in court since i wasn't asked to sign? Thank you

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

No. That is only an acknowledgement of the Citation instead of Arrest. You will need to go to Court in a respectful manner. Be polite about the lack of signature.

2 Answers | Asked in Civil Litigation, DUI / DWI and Car Accidents for Tennessee on
Q: How do I remove a commercial vehicle from my insurance? I still have title in hand because buyer has not made payments.

We had a handshake agreement for buyer(long-time friend) to pay for a commercial van. 2009 Chevy, agreement was $3500, 500/month, never paid. He was supposed to transfer plates and insurance to his name but didn't, so it is still on our commercial insurance. We do not have contact with him or... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

You should be able to get DOS to issue a new title certificate in the purchaser's name. Ask your County Clerk first, then call Nashville. Once issued send a copy to your agent, and try to deliver the title to the owner. Also that is probably a lease with option to purchase transaction,... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can u obtain exigent ntry based on incident that resulted in a good samaritan law being invoked...3 weeks afterthe fact

Good samaritan law .could exigent entry be made saying defendant had past history of destroying evidendc3... 3weeks later

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

Not sure of your question... But the defendant's attorney may be able to file a Motion To Suppress Evidence obtained by an illegal search. It is difficult to prevail and he needs a competent attorney.

1 Answer | Asked in Civil Litigation and Probate for Tennessee on
Q: Can I challenge a will that was executed in 2001 during which time that I was incarcerated.I was released in 2018.

Brother was sole beneficiary among myself and 6 other siblings.feel will was coerced undue influence on mother who was in Alzheimer status

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

In my opinion no... Besides blowing the SOL, there are practical matters to consider. Witnesses will be nonexistent now. And most importantly, the real and personal property is almost assuredly gone by now. I recommend you do a title search on any real property to see if any title problems can... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: Can a campground legally refuse to let you leave?
Tim Akpinar
Tim Akpinar answered on Sep 17, 2020

A Tennessee attorney could answer best, but your question remains open for four weeks. As a general matter, if it was a public campground with park rangers having jurisdiction in the area, they probably could for a justifiable reason. For a private facility, it might depend on the facts -... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: my son was on bail in tn did a crime in nc did his time for that charge still waiting on tn 4 months later to pick up

he waived his extradation right and still have not heard a word about what is going on

Cayley Turrin
Cayley Turrin answered on Sep 16, 2020

I would contact his attorney in NC to see if he can find out. That seems to be taking an extra long time to extradite him but it could be because of COVID as well.

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