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Tennessee Questions & Answers
1 Answer | Asked in Employment Law and Immigration Law for Tennessee on
Q: as a H1B employee, can i work from India for a couple of weeks. is there any legal restriction on it. Thanks.
Rehim Babaoglu
Rehim Babaoglu answered on Jan 28, 2022

I assume you mean performing work for the same company that petitioned for you, Yes, you can work remotely. Or, you can work for another employer - in India, only.

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: If you agree in an email to an offered amount. without any mention of negotiations. Is this binding?

In an real estate deal from one or multiple heirs to another heir

Anthony M. Avery
Anthony M. Avery answered on Jan 28, 2022

Are you wanting to enforce the agreement? If so, it will be difficult. If not, it is doubtful anyone will try to enforce it. Statute of Frauds may prevent it, and I doubt a tender was made on a date certain.

1 Answer | Asked in Federal Crimes for Tennessee on
Q: If stolen property is in my home and I give consent for the police o search and recover it can I be charged?

My son in law stole from a company and lied to us about where it came from. I had ask him to remove it from my home and have proof. He brought the police here and they ask to search I gave permission and the detective gave me his word he would not put charges on me. He also said he would return my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 28, 2022

Yes, you can be charged with a couple of crimes.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Tn. Standing on my private property. Police charge me with DUI. Got me to confess to driving. I was very intoxicated.

Neighbor claims they saw me drive. The police did not see me , video me ,or have any proof . They got me to give a drunken admission. Is this legal on my private property. Do I have any leg to stand on?

Anthony M. Avery
Anthony M. Avery answered on Jan 28, 2022

Apparently you have already confessed to driving. So a strong DUI charge has been made. A good lawyer may find other problems though, which is his job. Prepare for a thorough Preliminary Hearing, and stay out of trouble.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Personal Injury for Tennessee on
Q: what can do when a neighbor cut down established trees and shrubbery on my property?

He had a boundary marker but he took it down and encroached on my property about 15 ft. taking down most of the boundary that took 15 years to establish. What can I do about it?

Mr. James Charles Wright
Mr. James Charles Wright answered on Jan 28, 2022

If your neighbor trespassed onto your property and removed landscaping; trees- the neighbor would be liable for damages for this.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If I received a 40-6-304 letter does that mean I have an Indictment ?

I received a letter stating my name and address along with many other names had been on wire tap for 1 month during an investigation of a person . Does this mean I have an indictment on me.

Anthony M. Avery
Anthony M. Avery answered on Jan 27, 2022

Not necessarily as you would have probably been arrested on a capias. But the communications obtained are fixing to be used at a trial or hearing. You may wish to hire an attorney to consult now, as your conduct may have been criminal and suppression motions need to be considered. Do not talk... Read more »

1 Answer | Asked in Civil Rights for Tennessee on
Q: Hi my husband is being hazed. Today he was smoked for 3 hours over something that happened 3 months ago. What do i do?

He has asthma and was trying to make a doctors appointment to see if he needed to be back on profile. And one of his seargent said no one is getting back on profile. Basically saying he can't make a doctors appointment. One of them while smoking him said I hope you have an asthma attack.

Anthony M. Avery
Anthony M. Avery answered on Jan 27, 2022

If he is in the Military, then he volunteered to take orders and train, including fighting if necessary. The Army is not that tough these days so I am sure it is not that bad. UCMJ applies, not TN/Federal law.

1 Answer | Asked in Criminal Law for Tennessee on
Q: False charges filed on me
Anthony M. Avery
Anthony M. Avery answered on Jan 27, 2022

What is your question? Do you have an attorney?

1 Answer | Asked in Real Estate Law for Tennessee on
Q: In Tennessee, can an individual act as a lender in issuing a mortgage and if so are there any limitations?

someone is offering to purchase a house for me, where I in turn would pay them the mortgage plus taxes and insurance at an additional 5 % interest rate.

Anthony M. Avery
Anthony M. Avery answered on Jan 26, 2022

Not sure of your question. Anyone can be the payee on a Note secured by a Deed of Trust. It appears that you may need the services of a competent TN attorney that will put it all together. You need an attorney that will represent you.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I was pulled over for 108mph in a 65mph zone what am I looking at for ticket $

Will I be charged with a misdemeanor

Anthony M. Avery
Anthony M. Avery answered on Jan 25, 2022

Apparently you already received a Misdemeanor Citation, or you would be in jail. The 43 over is 8 points added to your your MVR. 3 more points in a year and you lose your TNDL. Go to Court in a respectful manner with cash to pay the Court. Some type of Diversion or a lesser speed plea might... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: What are my options for breaking a 90day contract clause and leaving early from a 3 year contract.

I have to give a 90 day notice of quitting, but my new job says they need me to start 3/1/22 and that’s a hard line. I wouldn’t be out of this current job until mid April if I give the full 90 days. There is someone who could take over for my position, but it means the main boss wouldn’t get... Read more »

Jordan T. Newport
Jordan T. Newport answered on Jan 24, 2022

Tennessee is an at-will state. This means that employees are allowed to leave their employment at any time without a reason, or in other words, this means that there are no federal or state laws that require an employee to give notice to his or her employer before quitting, subject to a few... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: How can I see I was in any law suits

There are several instances is why I'm asking

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

You will not be able to check everywhere and at any time. But you can call each Court and ask the Clerk to see if were a party in a suit there. Your name may be a problem, so you may want to ask about one or more names. Start with the County where you live and call General Sessions. Later... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: Does a Survivorship interest lien on my Tenancy by the Entirety held home (with my spouse) go away with sale of home?

There was a lien filed against my survivorship interest in my Tenancy By The Entirety held home (with my spouse) over a judgment against only me. If we sell our home, does the survivorship interest lien go away since no one “died”, or does it have to be paid to clear the title even though it... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

No and the grantee takes the real property subject to the lien.. Most buyers will not purchase such a title.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Am I going to have to hire an attorney to get a domestic assault and restraining order threw out against my wife

I didn't press charges the police took them out and the state picked them up

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

It was always the State's Case, not yours. An attorney for her is needed now as that charge is worse than some felonies. But you also may have problems here.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother recently passed away leaving no will. The only children were my brother and I but he has just recently passed.

My mother has a home that I know she wanted to leave with me becaused we've discussed it. I had a brother who passed away recently after my mother. My brother and I were in the process for me to have full ownership of the home because he was ill and residing in a nursing home and did not want... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

You have not stated what the title is. But it may result in you and the Son being tenants in common. If so, you may wish to have a lawyer draft a Deed with a proper derivation of title clause, and try to buy him out. Remember taxes, insurance and note payments must be made, or a foreclosure... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Planning for the future, what is the process once my Mom passes? She only has home furnishings in a small rental home.

Mom has a will listing me as the Executor and me an my sister as the beneficiaries. She rents a small condo and her only debts are the monthly rent and utilities. Her bank account is joint account with with me. Her only assets are the personal property in the home (furnishings, kitchen ware,... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

It does not appear that Probate would accomplish anything in your situation. In fact, it would attract creditors.

1 Answer | Asked in Tax Law for Tennessee on
Q: How to find out what a citation was for and when it was issued

It's for notification of withdrawal of driving privileges SDCL 32-12-49 effective 1/29/22

Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2022

That does not sound like a TNDL. You may wish to read the Citation verbatim, possibly with a magnifying glass. Then call the Court that it is before and ask. Otherwise hire an attorney to figure out what is going on. It may not be a Citation but a Notice of Suspension from DOS due to an... Read more »

2 Answers | Asked in Bankruptcy for Tennessee on
Q: If I’ve already filed Chapter 13, isn’t it illegal for them to repossess my vehicle while it’s under bankruptcy protect?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 21, 2022

At the moment a bankruptcy case is filed, the automatic stay is triggered. The stay prohibits all creditors from taking any action against you or your property to collect a dischargeable debt.

If a secured creditor, e.g., the holder of a lien on a vehicle, wants to repossess, it must...
Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: How can I purchase property in TN from deceased?

After doing Title Search, there is no heirs and the only person's name on the deed is deceased. Is the property unable to be sold until the estate of the deceased owner goes through probate? What are my options in order to purchase property?

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

You will need to hire an attorney to search the Title and determine Heirship. It may not be easy. A Tax Sale may be another way to obtain the tract. But again you will need a good lawyer. You are not going to be able to do this yourself.

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Property in TN, both owners are deceased. Can the only living decedent of one of the property owners Warranty Deed it?

Property in TN, both owners on the Deed are deceased. I was able to get in touch with Daughter (lives in KY) of the deceased. I want to purchase property from Daughter, will a Quit Claim Deed or Warranty Deed be needed? Or what is needed to purchase property from Daughter?

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

Hire a competent attorney to search the title, determine heirship and prepare a Deed. Warranty Deed can be used, but do you plan on suing the Seller? She might not want to give four covenants of title to property she has not had possession of. QCD is more likely her choice of conveyance.

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