Tennessee Questions & Answers

Q: I moved out of California to better myself for my son but he is still in California with his father how do I get custod

1 Answer | Asked in Family Law for Tennessee on
Answered on Dec 15, 2017

You should contact a custody attorney in California. You would need to initiate a lawsuit out there for custody.
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Q: Is it legal to move money between two seperate companies with the same owners without the consent of all owners?

1 Answer | Asked in Business Law for Tennessee on
Answered on Dec 15, 2017

You should look to the Operating Agreements of the companies to determine whether the owners have taken appropriate action.
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Q: If you file for bankruptcy do you have to submit all of your financial records to the court?

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Dec 15, 2017

The trustee may request any and all financial documentation to be reviewed.

Information provided for informational purposes only and should not be taken as legal advice.
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Q: My eleven year old stole something for school and was caught on camera, what is the age for a child to be held custody,

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Dec 15, 2017

He will most likely have a juvenile court hearing. The court will work with him to learn why stealing is bad. It will then be expunged or cleaned from his record.

Good luck.
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Q: If my boyfriend is a signer on my bank account can the courts take child support from me?

1 Answer | Asked in Child Support for Tennessee on
Answered on Dec 15, 2017

Your question isn't clear - is it his child or your child that support is due for? If you are co-mingling funds in a joint bank account, maybe the easiest answer for any problem is for each of you to have separate accounts.
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Q: My grandmother passed away. She did have a will (my Uncle & Mom are on it only) However, I live in her rental property&

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Answered on Dec 14, 2017

More than likely the property is probably owned by the Heirs-At-Law of your deceased Grandmother if the Grandparents owned as Tenants By The Entirety, or at least by some of them if the property went to the Grandfather's Heirs-At-Law. You need a title examination and a determination of heirship. The statute of limitations on detainers is three years, so you might have some leverage, forcing him into an ejectment proceeding. In other words he will have to sue you, serve you and obtain an...
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Q: When is a quit claim deed a legal document . When grantor signs and notorized or when recorded with county ? Roane Tn.

2 Answers | Asked in Real Estate Law and Collections for Tennessee on
Answered on Dec 14, 2017

There's a lot to unpack in your question. A validly executed Quitclaim Deed is effective to convey real property when signed and delivered to the Grantee. (If it's not notarized, it isn't recordable.) Typically, auction sales sell real property "As Is" subject to any and all liens, encumbrances, defects in structures, problems with boundaries, and defects in title, etc. You'll need to refer to the terms of your auction to see if the terms were different. A Quitclaim Deed contains no...
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Q: How much does the noncustodial parent have to be behind before I can get him for a civil complaint? Pay docket also

1 Answer | Asked in Family Law for Tennessee on
Answered on Dec 13, 2017

If I understand your question, I think you are referring to "civil contempt" ( not complaint). To prevail in a court action for contempt, you must be able to prove that he has the ability to comply with the child support order and instead of paying the support , he chose not to. This may not be easy to do if he lost a job - try to get proof of the "under the table" income. There is no set amount of money that is required, especially if you can prove that he still had under the table income....
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Q: Can I have a clause on lease that if Tennant allows others not on lease to live there that they forfeit the deposit?

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Dec 13, 2017

Depending on what county you live in, that may be possible. Tennessee has a "Landlord and Tenant Act" which applies in most of the large cities (Memphis, Nashville, Knoxville, Chattanooga and some others as well) and under that law, security deposits have particular requirements ( such as being held in a separate bank account)

I do no think it would be wise to try and accomplish this penalty in those counties. I strongly suggest you consult an experienced real estate attorney to...
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Q: divorce decree & child custody doc. is signed by an individual that's a patient in a psych hospital inadmissible

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Answered on Dec 13, 2017

This is impossible to answer without full knowledge of the facts and circumstances ( mostly the medical records of the patient). There is no simple answer, each case will depend on its particular facts. Consult an experienced family law attorney.
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Q: Is my 16 year old son able to say with which parent he wishes to live-and must this declaration be done in court?

1 Answer | Asked in Divorce and Child Custody for Tennessee on
Answered on Dec 13, 2017

any child over age 14 can express their preference ( desire) to live with a particular parent, and that is usually done by testifying in court, but that is NOT binding on the Judge. The judge makes the final decision and is not required to follow the juvenile's wishes- the Judge is to decide what is best for the child.
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Q: Mother and father passed in November, 2017. They resided in Tennessee. This question covers multiple topics.

1 Answer | Asked in Criminal Law, Family Law, Banking and Elder Law for Tennessee on
Answered on Dec 12, 2017

It is doubtful that law enforcement will prosecute the theft.

The Next-Of-Kin can file a lawsuit against the Attorney-In-Fact who took the money for his/her own benefit. It is for Breach of Fiduciary Duty and any monies/property that he transferred to himself is presumed to be fraudulent against his Principal who is now dead. There is a three year Statute of Limitations. Alot of the monies spent on them will be deemed gifts.
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Q: Does a 14 year old foster child have a lawsuit against the state of Tennessee for being assaulted by foster parent

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Tennessee on
Answered on Dec 12, 2017

Yes, Contact a member of the Tenn Trial Lawyers Assn/Assn for Justice or contact the Tennessee Civil Liberties Union, get the names of "cooperating attorneys" for state related injuries.
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Q: Okay..i was in a accident where i came around a curve and my right tire hit the grass and mud and i over corrected

2 Answers | Asked in Car Accidents for Tennessee on
Answered on Dec 12, 2017

Your company may offer them the 25k and ask for a full release. That means a paper that says "in exchange for this money we won't bother this person any more." That's what you pay insurance for.
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Q: Me and my fiance purchased a house in April of this year and now want to seperate. What are my options to keep the House

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Dec 11, 2017

This is a real problem that arises when people live together as opposed to marriage. First, obviously, file to get the child support started. If you have any chance of keeping the house, it sounds like this is a requirement, so get that process started. It may be that the best thing is to sell the house, split the profit 9 if any) and then use you share of the profit to buy a new house. If you and he can't agree on what to do with the house, this is what the law will do ( the process is called...
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Q: Friend dyed in his sleep the day he paid his rent to hotel/apt. For a month. Looks like hotel but paid damage deposit.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Dec 11, 2017

Ref your question. Can you substantiate your claim of advance payment? LL is bound to pay back his (deceased) advances so made against rent, etc. which was never availed. In that case morality did not work rather legal course of action is the only option. Please consult Attorney of your local jurisdiction for specific assistance.
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Q: Am I allowed to establish child support from father if I am not employed and my fiance cares for myself and my son?

1 Answer | Asked in Child Support for Tennessee on
Answered on Dec 11, 2017

yes, follow your lawyer's advice. If you are not employed, income will be imputed to you based on your earning capacity. The back or retroactive support may be limited to a five year maximum, or to whatever period of time you were separated.
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Q: Can my landlord do this?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Dec 11, 2017

after your lease ended, you became a "month to month" tenant ( just a very short lease). a month to month tenancy can be terminated by either party giving a month's notice- ( not 30 days, but a calendar month). It sounds like you will have to move, but you are entitled to more notice- a full calendar month.
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Q: If me and my child's father are not married do we both have equal custodial rights before and court proceedings

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Answered on Dec 11, 2017

In Tennessee, the mother is deemed guardian and has custody of a child born out of wedlock. Unless there is an agreement, the father has to go to court to establish his "parenting time" and child support obligation. In that sense, the parent's rights are NOT equal.
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Q: My step mom will not let me see the will or give any info. It has not been probated. Do I have a right to see the will?

1 Answer | Asked in Probate and Tax Law for Tennessee on
Answered on Dec 11, 2017

This is not a tax question and you don't clearly specify your relationship to the deceased. However, if you are a relative of the deceased, you have a right to be notified of any probate proceedings. If a will is submitted for probate, it becomes a public record amd you can get a copy from the probate court clerk.
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