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Tennessee Questions & Answers
1 Answer | Asked in Family Law for Tennessee on
Q: How long does a Temporary parenting plan last
Sam  English
Sam English answered on Oct 19, 2021

It depends. Generally, the TPP is in effect until a Permanent Parenting Plan is reached via agreement or Trial. Some TPP's have dates defined in them. Most do not. Its a Court Order so it will be valid until it is modified. I hope this helps.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My dad died with personal loan in his name only. Is his wife liable to repay? All assets (not much) were jt, no executor
Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Some necessities and medical bills can be asserted against the surviving Spouse. But if no Probate Administration, it will be difficult for the Creditor even find a Defendant to serve. If the Decedent had real property, a Judgment Lien could be a real problem.

1 Answer | Asked in Contracts for Tennessee on
Q: Signed a contract to buy property but unable to look for other properties. The original tenants are not moving out

Informed seller that we didnt want any tenants and notified realtors also. They are abligating to sign but the property is not available to move in. Seller will not amend this and will be incommunicado for 4 -6 weeks. We need to know what we can do.

Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Read your Contract verbatim. It may be worth the risk to walk away from it. Or you may want to purchase then file a Detainer Warrant. Consult with a competent attorney. The Grantee takes subject to the right of possession of the occupant, which may be a breach of warranty by the Grantor. But... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: What exactly is the title law 40 in Tn for first offense
Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Generally that deals with Sentencing, but includes hundreds of different Statutes.

1 Answer | Asked in Uncategorized for Tennessee on
Q: In what court system would a case concerning a mother and son and property be governed?
Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Your question is way too broad. From that it could be any State or Federal Court, including Criminal. It will need to be a little more specific.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I was recently arrested for domestic assault after pulling my boyfriends beard.

Ooooooooopooo

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2021

Hire a competent attorney to represent you. That charge is worse than many Felonies. Do not make any more statements on a public forum or to LEOs. Do not contact the alleged Victim in any manner. Hopefully it will be Dismissed or Diverted, then

Expunged.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Does house and car need to go through probate in TN? Will leaves one child house and other car/guns.

Oldest child is executor of will. Both children are residents of KY. Deceased is resident of TN at time of death. Will leaves oldest house (to be sold) youngest being me car jewlry and guns. Guns and jewelry were given to me yrs ago. I buried jewelry ( necklace) with deceased. Is probate necessary... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 15, 2021

Your question cannot be answered without reviewing the will and understanding exactly what assets are in the estate and how much the decedent owed to creditors. As a general rule, real estate is not a probate asset in Tennessee, but that can be changed by will and also it can be drawn into a... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can I add my adult child to my deed/title in anyway in TN without a quit claim deed?

I am a widow who is losing her vision and my adult child will help me stay in my home

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

There are basically three types of Deeds: Quit-Claim; Warranty; and Special Warranty Deeds. To create an estate for the child, there will need to be a Deed conveyance to him.

You do not just add someone. Life Estate/Remainder Deed should be considered. It would usually be a...
Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: 9 days late on rent. No waiver clause in lease not sure what that means
Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

Not sure of your question. But it sounds like you have breached the Lease Contract by paying late, for which there may not be a late payment penalty or waiver of timely payments.

1 Answer | Asked in Probate for Tennessee on
Q: Can the home and land be probated and auctioned if the decease was in Bankruptcy Court at the time of death ?

I was served with a summons by my stepdaughter

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

Usually real property is not an Estate Asset. But this might be an Insolvent Estate. Deceased Petitioners can receive a Chapter 7 Discharge, which might help the Estate be free of Claims. If the property is valuable, you will need to hire a competent attorney to look into this as it is... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: How can you write an objection to a subpoena? Who do you turn it in to? Why does the GAL need all my personal records?

I was served a subpoena to produce all records and recordings of a child I have custody of and both of the child's parents.... including pictures, reports and video recordings. Both parents are working to get the child back. I'm keeping the child out of DCS custody until one or both... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

You can file a Motion to Quash the Subpoena Duces Tecum, but I seriously doubt Juvenile Court will listen to you. The Subpoena sounds broad but probably legally sufficient.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: can my cousin he's a lawyer defend a plaintiff in a case against me?
Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

That is not a per se ethical conflict. But if he has provided legal advice to you, then you want to ask him to recuse himself (and all information about you). I would be most worried about him using information he knows about you to collect a Judgment. The lawyer is treading on dangerous... Read more »

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Q: Do I have any paternal rights to my daughter if my name is on her birth certificate, if I am court ordered to pay child

I was not married to her mother when she was born and have been told I have no rights to my daughter because of that. We do not get along very well therefore my parents do majority of communication with the mother to keep the peace and so I can see my kid. I want rights established so I can have a... Read more »

Paul E. Tennison
Paul E. Tennison answered on Oct 12, 2021

File a Petition to Establish Paternity in the County you/the Mother live in. As your name is already on the birth certificate, you should be able to get parenting time through a parenting plan without having to do a DNA test. If you have additional questions, I recommend you speak with a family law... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: I was served a civil summons brought by a debt collector, but there is no Complaint attached. How do I answer?

I was served a civil summons and given a time and date to appear before the civil sessions court to answer a civil action brought by a debt collector (small claims). However, there was no Complaint attached to the summons, only an affidavit saying how much the debt collector claims I owe. Is there... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 11, 2021

Answers are not usually filed in General Sessions Court. You go to Court and defend yourself. You are confused with Courts of Record. I recommend hiring an attorney to represent you to at least mitigate the Judgment amount, or even file a Notice of Exempt Property to forestall collection by... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I want to know why I am the only one getting charged with aggravated burglary and I wasn't by myself in the crime
Cayley Turrin
Cayley Turrin answered on Oct 11, 2021

There could be numerous reasons why that is the case.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I have a tenant who is currently moving out, and has refused to pay their last months rent. Is there anything I can do?

The tenant has stayed in one of my spare rooms, paying on a month to month basis. The tenant has stayed for 9 months.No written rental agreement was made, but a verbal agreement was made. The tenant is moving out currently, but refuses to pay for rent in September. Is there anything I can legally... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 11, 2021

You can file a Detainer Warrant for both Possession and Back Due Rent. You will probably get a Judgment, but you may not be able to collect it. It helps if you know where he works and banks.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My son was found in a vacant home that did have things in the home from my understanding it was uninhabited for several

U hibitated for several years he had no items on him at the time is this aggravated burglary

Anthony M. Avery
Anthony M. Avery answered on Oct 11, 2021

Hire a competent attorney. That may only be a Trespass as no Habitation involved. Felony Burglary is still possible though. He needs to prepare for a Preliminary Hearing.

1 Answer | Asked in Family Law for Tennessee on
Q: “ Notice of unavailability of counsel” from spouses attorney just three days before hearing. I requested this hearing.

This divorce was filed in January of this year by her. However we agreed on it July of 2020. After she’s filed the court hearing was continued by her party. Since then nothing has been done and it’s been months. Which is why I requested a hearing. I have done everything she’s asked for and... Read more »

Paul E. Tennison
Paul E. Tennison answered on Oct 11, 2021

You may consult with a local family law attorney and see if there is anything else that can be done. In general an attorney filing a notice of unavailability will result in the hearing being continued until the next available date. This sounds like your divorce has been dragged out. If there are no... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: What exactly does 39-13-524 mean in a criminal matter?
Anthony M. Avery
Anthony M. Avery answered on Oct 6, 2021

That is a Sentence for a Sex Offender for Lifetime Supervision.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If my son who is 30 texted a13 yr asking her to show him what her body looks like.what kind of charge is this

He was kidding around last night and he text my 13 yr old niece to show him what her body looks like.playing around. Now the cops are looking for him. What kind of charge is this

Anthony M. Avery
Anthony M. Avery answered on Oct 6, 2021

An extremely serious Felony. He needs to hire an attorney for advice and should not talk to the LEO's at all. Do not post anything else on a public forum.

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