Tennessee Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Tennessee Questions & Answers
Q: Ticket for failure to maintain control. No other vehicle involved. Damage to light post. Must report to court.
Anthony Marvin Avery's answer
The Court may give you some relief, but will probably find you Guilty. It is possible that you will have to make Restitution. You may want to make a claim on your Insurance. With the Rule of Road Violation will come some points on your MVR.
The Court may give you some relief, but will probably find you Guilty. It is possible that you will have to make Restitution. You may want to make a claim on your Insurance. With the Rule of Road Violation will come some points on your MVR.
Q: Took over my mother's house payment with an oral agreement that once paid for she would deed it to me. Do I have any ri
Anthony Marvin Avery's answer
You have no legal rights concerning Title. She would have to file a Detainer Warrant to recover Possession. Someone might make an Equitable argument, but it would be weak at best.
You have no legal rights concerning Title. She would have to file a Detainer Warrant to recover Possession. Someone might make an Equitable argument, but it would be weak at best.
Q: Can a will in TN supersede jointly-owned house being automatically transferred to surviving spouse?
Anthony Marvin Avery's answer
Tennessee is not a community property State. You do not state exactly how the real property was owned. If it was a Tenants By The Entirety, the property is solely owned by the Survivor. If it was Tenant In Common, then 1/2 goes through her Estate. It may have been something else. Hire a competent attorney to look at the Deed, maybe the Title, and determine whether Probate is needed.
Tennessee is not a community property State. You do not state exactly how the real property was owned. If it was a Tenants By The Entirety, the property is solely owned by the Survivor. If it was Tenant In Common, then 1/2 goes through her Estate. It may have been something else. Hire a competent attorney to look at the Deed, maybe the Title, and determine whether Probate is needed.
Q: Can my mother in law sell my motorcycle that she gave me permission to store it there?
Anthony Marvin Avery's answer
Probably not as the motorcycle has a Certificate of Title. But she might claim a Mechanic's Lien and after running a Notice, then apply for a new Title.
Probably not as the motorcycle has a Certificate of Title. But she might claim a Mechanic's Lien and after running a Notice, then apply for a new Title.
Q: am i eligible to receive an inheritance?
Anthony Marvin Avery's answer
If you are designated as a Legatee or Devisee in anyone's Will that is Probated, then you should receive that Testamentary Gift. However you are potentially a Heir or Kin only from your actual (adopted) Father's Family. So you cannot inherit from your birth father's family. However you may wish to ensure that you are actually Adopted.
If you are designated as a Legatee or Devisee in anyone's Will that is Probated, then you should receive that Testamentary Gift. However you are potentially a Heir or Kin only from your actual (adopted) Father's Family. So you cannot inherit from your birth father's family. However you may wish to ensure that you are actually Adopted.
Q: I have a Class E felony ($1,000) - ($2,500) How much time in jail I have to do without a lawyer
Anthony Marvin Avery's answer
Range 1 Offender might get 2 years. But you need to hire a competent attorney. It may have been an Attempt or Aiding /Abetting. Restitution might be a strong factor to get to a Misdemeanor or even Diverted. Unless you are a career criminal, hire a lawyer now.
Range 1 Offender might get 2 years. But you need to hire a competent attorney. It may have been an Attempt or Aiding /Abetting. Restitution might be a strong factor to get to a Misdemeanor or even Diverted. Unless you are a career criminal, hire a lawyer now.
Q: Does the defendant need legal counsel during grand jury proceedings?
Marcus Lipham's answer
Typically, the defendant is completely excluded from the grand jury process and shouldn't need an attorney until the grand jury indicts them. Here's the lawyer part... however, I have heard of technical issues where an attorney for a defendant was allowed to set in during the grand jury process. I've never verified that but was told that by a respected Tennessee attorney. But the typical process is sit back and wait on the grand jury process.
Typically, the defendant is completely excluded from the grand jury process and shouldn't need an attorney until the grand jury indicts them. Here's the lawyer part... however, I have heard of technical issues where an attorney for a defendant was allowed to set in during the grand jury process. I've never verified that but was told that by a respected Tennessee attorney. But the typical process is sit back and wait on the grand jury process.
Q: My ex wife is leaving our four year old daughter alone with a convited felon is there anything I can do
Leonard Robert Grefseng's answer
Perhaps? - your question does not provide enough information to answer accurately. You would need to be able to prove to the Judge that the child is being adversely/negatively affected by her exposure to this person. What were the convictions for? Leaving a sex offender alone with a 4 year old is a much different situation than leaving a child with a thief.
Prior dishonesty does not equal current danger. Consult an experienced family law attorney for specific advice on your situation.
Perhaps? - your question does not provide enough information to answer accurately. You would need to be able to prove to the Judge that the child is being adversely/negatively affected by her exposure to this person. What were the convictions for? Leaving a sex offender alone with a 4 year old is a much different situation than leaving a child with a thief.
Prior dishonesty does not equal current danger. Consult an experienced family law attorney for specific advice on your situation.
Q: my son graduates in May but won't be 19 until November can the child support be stopped before he turns 19? He also work
Leonard Robert Grefseng's answer
Child support ends when the child turn 18 or graduates, whichever is last to occur. it sound like his graduation date is the latter event. His employment is irrelevant.
Child support ends when the child turn 18 or graduates, whichever is last to occur. it sound like his graduation date is the latter event. His employment is irrelevant.
Q: Can I make an offer on a home if I’m still under contract on a home I no longer like or want? My agent says no.
Leonard Robert Grefseng's answer
Real estate contracts are BINDING legal documents- you can't just back out because you change your mind. The contact can, and often do, contain conditions which, if not fulfilled, allow the contract o lapse. Have the contract reviewed by an experienced real estate attorney for specific advice- otherwise, listen to your agent who is supposed to assist you through the transaction.
Real estate contracts are BINDING legal documents- you can't just back out because you change your mind. The contact can, and often do, contain conditions which, if not fulfilled, allow the contract o lapse. Have the contract reviewed by an experienced real estate attorney for specific advice- otherwise, listen to your agent who is supposed to assist you through the transaction.
Q: I need help understanding TCA 55-8-152. I received a speeding ticket for doing 52 in a 40.
Anthony Marvin Avery's answer
No, you have not read the entire Statute. Hire a competent attorney to work the Citation out so it does not put Points against your MVR. Diversion or Dismissal with payment of costs would work out well for you.
No, you have not read the entire Statute. Hire a competent attorney to work the Citation out so it does not put Points against your MVR. Diversion or Dismissal with payment of costs would work out well for you.
Q: My father bought a house 3 months before he died. My lawyer says we can not let the house go back we have to pay it off
Anthony Marvin Avery's answer
You definitely need your own attorney. The Creditor Bank evidently wants to Probate the Estate so it can file a Claim against the Estate it pays itself as the Personal Representative. Obviously you and your Family have not attempted to divide up his Estate, and instead have been making installments on a Note which is not yours but is secured only by the Real Property. You and the other Next-Of-Kin definitely can quit paying the Note and allow Foreclosure to occur. Hire a competent attorney...
You definitely need your own attorney. The Creditor Bank evidently wants to Probate the Estate so it can file a Claim against the Estate it pays itself as the Personal Representative. Obviously you and your Family have not attempted to divide up his Estate, and instead have been making installments on a Note which is not yours but is secured only by the Real Property. You and the other Next-Of-Kin definitely can quit paying the Note and allow Foreclosure to occur. Hire a competent attorney...
Q: My granddaughter was assault by another girl in May of 2018 an officer filed report charging her with assault and burg
Anthony Marvin Avery's answer
If it is still within one year of the incident, and you have a Witness that can testify to the facts, then you can ask the Police and/or a Magistrate to issue a Warrant for Assault, and possibly Vandalism. You need the name and current address of the assailant, and you should review the Police Report you do have. If nothing else, your Granddaughter can ask to appear before the Grand Jury. An attorney cannot help you in this matter usually.
If it is still within one year of the incident, and you have a Witness that can testify to the facts, then you can ask the Police and/or a Magistrate to issue a Warrant for Assault, and possibly Vandalism. You need the name and current address of the assailant, and you should review the Police Report you do have. If nothing else, your Granddaughter can ask to appear before the Grand Jury. An attorney cannot help you in this matter usually.
Q: Under contract with a national propane company can you be denied without notice in Nov 2017-2019 fuel to heat my home.
Anthony Marvin Avery's answer
Not sure of your question. If you are concerned the Oil company can terminate a Contract, then it must be read verbatim. Even if the Seller cannot terminate delivery as they have, then you may not have any or a small amount of damages. The place of litigation is probably in the Contract, and it is not likely to be in Tennessee. Hire a competent attorney to review the Contract and advise you of options.
Not sure of your question. If you are concerned the Oil company can terminate a Contract, then it must be read verbatim. Even if the Seller cannot terminate delivery as they have, then you may not have any or a small amount of damages. The place of litigation is probably in the Contract, and it is not likely to be in Tennessee. Hire a competent attorney to review the Contract and advise you of options.
Q: I filed for divorce in 11/2017. I have tried to settle many times. Is there any way to compel my husband to settle?
Leonard Robert Grefseng's answer
No one can be forced to settle. The case needs to be set for trial and allow the judge to decide the issues. This means you and possibly other witnesses testifying to prove the grounds for the divorce, that your parenting plan is in the best interests, and that your proposed property division is fair and equitable. if you are trying to represent yourself, DON"T. Consult an experienced family law attorney.
No one can be forced to settle. The case needs to be set for trial and allow the judge to decide the issues. This means you and possibly other witnesses testifying to prove the grounds for the divorce, that your parenting plan is in the best interests, and that your proposed property division is fair and equitable. if you are trying to represent yourself, DON"T. Consult an experienced family law attorney.
Q: How far back do arrearages go. The custodial parent and I were not going through child support services for payments.
Leonard Robert Grefseng's answer
The 5 year limit you are referring to is a fairly new statute that applies when the court is first establishing a support obligation. When doing so, the la requires the Judge to also make a decision ( called "findings") about past due support or "retroactive" support. However, is rare cases the judge can go back further than 5 years OR he can make it less than five years. Your question doesn't give enough particular information to answer- consult an experienced family law attorney for specific...
The 5 year limit you are referring to is a fairly new statute that applies when the court is first establishing a support obligation. When doing so, the la requires the Judge to also make a decision ( called "findings") about past due support or "retroactive" support. However, is rare cases the judge can go back further than 5 years OR he can make it less than five years. Your question doesn't give enough particular information to answer- consult an experienced family law attorney for specific...
Q: Nashville, Tn. Received a summons for court in Dec. 2018 from Law firm that is a debt collector for Target.
1 Answer
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Bankruptcy, Consumer Law, Landlord - Tenant and Legal Malpractice
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Tennessee
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Answered on Mar 10, 2019
Answered on Mar 10, 2019
Q: I'm located in Bledsoe county Tennessee. My husband was in court Friday and the judge revoked his bond for no reason.
Mr. Kent Thomas Jones Esq.'s answer
I'm not sure what your question is. Usually there is a reason. I would consult with a local criminal defense attorney. If you cannot afford one, the Court can appoint one for you.
I'm not sure what your question is. Usually there is a reason. I would consult with a local criminal defense attorney. If you cannot afford one, the Court can appoint one for you.
Q: Does unlawful weapon possession and drug para charge take away gun rights in tn?
Anthony Marvin Avery's answer
A Simple Possession conviction is a Misdemeanor and does not create a Firearm Disability. However a background check will have the charge and a conviction if any, which will cause most FFL's to not sell you a gun. Despite their refusal to transfer a weapon, you would still not have a Firearm Disability. Hire a competent attorney to get you Diverted, Dismissed and Expunged. Do not plead guilty to a straight conviction.
A Simple Possession conviction is a Misdemeanor and does not create a Firearm Disability. However a background check will have the charge and a conviction if any, which will cause most FFL's to not sell you a gun. Despite their refusal to transfer a weapon, you would still not have a Firearm Disability. Hire a competent attorney to get you Diverted, Dismissed and Expunged. Do not plead guilty to a straight conviction.
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