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Tennessee Questions & Answers
2 Answers | Asked in Estate Planning for Tennessee on
Q: If there were two irrevocable wills issued does the first irrevocable will and beneficiary prevail? Tennessee.
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 3, 2023

It is very rare (but not impossible) for a will to be irrevocable. For that reason alone you should have both wills reviewed by a probate attorney for definitive advice.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Are there any motions I can file regarding an indictment? charged almost a year ago now and still nothing regarding it.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 2, 2023

After several more years with no Indictment, you might file for Expungement.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If a landlord accepted partial payment after using tenant a 14 day notice, is that notice null and void?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 2, 2023

No, but what counts is whether a Detainer Warrant has been filed or not.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What can I do about an FTA for charges that the DA promised to drop in Smith county tn.

I was at someones house when police searched without a warrant, the person "Joe" then showed them drugs (meth)in a seperate garage and then broke into a locked safe when police asked him to where they found benzos. I was charged the same as *Joe~2 counts meth w intent and 2 counts... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 2, 2023

The FTA is the least of your problems. Apparently you have not reached a disposition of your case. Hire a competent attorney to represent you, which may include Motions to Suppress, etc. if you are Indicted. Not showing up for Court is never excused when you are the defendant. Obviously you... Read more »

1 Answer | Asked in Constitutional Law and Domestic Violence for Tennessee on
Q: I pleaded guilty to a domestic violence charge 25 years ago in Tennessee,Why can’t I get my constitutional right back?

I would like to hunt and protect myself but I feel helpless.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

Domestic Assault is worse than some Felonies, and you should have known that 25 years ago prior to pleading. I assume that conviction is on your NCIC. You may wish to examine the legal weapons you can possess. There are muzzleloaders that can kill an elephant.

1 Answer | Asked in Insurance Defense for Tennessee on
Q: My home owners is canceling my policy because I had two claims 6 months apart. I have had this insurance approximate 4y

Is that legal. Its paid.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

If a denial of claim is asserted, then you might consider an Insurance Bad Faith Refusal Action.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it legal for my homeowners insurance to cancel my policy because of two claims 6 months apart?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

Usually that is not a prohibition on the insurer. Read your contract of insurance carefully. Probably need another carrier now.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My lawyer proved my innocence in my pre trial but yet they bound it over to the Grand Jury. Why would they do that.

What's the odds of it being dismissed . This is a Class B Felony, Sex offender unjustly accused

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

Be prepared to hire an attorney if you are Indicted. At least start contemplating what specific Discovery will be sought, and tack any witnesses and their statements down now. May be time for a new phone or computer.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Yesterday I had my property surveyed. My neighbor took the wooden stake and the metal pin out just hour later. What ca.

Is there anything I can do

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

You can report the act you have personal knowledge of to the Sheriff. Trespass and vandalism are involved, which will require the Surveyor to return and restore the monument. That corner is owned by both of you. You may wish to sue for civil damages in Sessions Court, then place a Judgment... Read more »

1 Answer | Asked in Elder Law for Tennessee on
Q: Can a Durable Power of Attorney access a ROTH IRA held at Vanguard for health care and living expenses?

Account owner is in memory care.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

It should if it is drafted and executed correctly. Administrator will probably want an original DPOA, unless you can get them to accept a copy. If not, a conservatorship may be preferable instead of a Declaratory Judgment and Recovery Action where jurisdiction will always be a problem.... Read more »

2 Answers | Asked in Intellectual Property and Trademark for Tennessee on
Q: Please explain the following?

I am looking to trademark the name Bitsy Boop. I found THIS on your website: BITSY BOOP - Trademark Details

Status: 710 - Cancelled - Section 8

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 30, 2023

BITSY BOOP, with a design of a little girl, was registered by the Hearst corporation in 1998 for tee shirts, and one half of Hearst's interest was assigned to Fleischer Studios in 1999. The joint owners failed to maintain the registration with a required statement of continuing use in 2005,... Read more »

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1 Answer | Asked in Estate Planning for Tennessee on
Q: State of TN - Can a Will establish a life estate after a life estate was established on a deed years prior?

My father had an attorney create a deed listing my father and mother as life tenants and myself as remainder owner. My father passed and my mom had a Will created naming a grand daughter as a life tenant for one of the properties and myself as remainder owner.

(Her attempt was to give a... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 28, 2023

If the life estate deed was properly executed and recorded, and your father has already passed, then, when your mother has passed you, as the remainderman, will be the sole owner. Her will can have no impact on that property, because her life estate ends at her death. In other words, the property... Read more »

1 Answer | Asked in Trademark for Tennessee on
Q: If an application has been made for a name to be trademarked, can that name be used until the trademark is issued?

How long does it typically take for a trademark to be issued?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 27, 2023

Federal trademark registration is not necessary for use of the trademark, and the mark may continue to be used by its owner pending its registration. Until the registration has been issued, however, its owner does not have the ability to sue in federal court for its infringement.

Current...
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1 Answer | Asked in Probate and Estate Planning for Tennessee on
Q: If I am the sole beneficiary of a will and also the executor of the estate can I use the funds before probate ends?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 26, 2023

I do not recommend you use any assets that are subject to Probate Jurisdiction until the Estate is closed and the funds are properly distributed to you. Otherwise it would be a breach of fiduciary duty, or there might be a late filed Estate Claim, another Will filed, etc.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I be prosecuted for using my husband's credit card?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 26, 2023

Yes it is possible, especially if your possession and use of the credit card is unauthorized. There may be defenses for purchase of necessities. A jury might infer permission to purchase items for the Family.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can 39-17-433 - Promotion of methamphetamine manufacture be expunged in Tennessee? If so how do I go about doing it?
Cayley Turrin
PREMIUM
Cayley Turrin
answered on Jan 26, 2023

It depends on a variety of circumstances. You can have a lawyer look into it.

1 Answer | Asked in Criminal Law for Tennessee on
Q: When accused of AttempAssault/Child Abuse for pulling child across floor to return to safety, what proof does DA need?

Registered Nurse examined child and determined there were no injuries.

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Jan 26, 2023

That is a very loaded question. I would consult with an attorney in person.

1 Answer | Asked in Public Benefits for Tennessee on
Q: Is there an IDA application available in Madison County Tennessee?

I am interning at a nonprofit and was looking into IDA applications as a resource for clients. I have found applications from other states, and have found reference to them in Tennessee code 71-3-1001, yet cannot find an actual application or mention of them outside of that.

Henry Ambrose
Henry Ambrose PRO label
answered on Jan 25, 2023

Thank you for helping people.

I think what you are looking for is here: https://www.tn.gov/coverkids/coverkids.html

Keep up the good work.

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Public Benefits for Tennessee on
Q: Under Title 39 rule broken is 5 and 8 Is there away to get my gun license reinstated

Did go to court but was discontinued on both cases.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 25, 2023

Your question makes no sense. Redo your question. There is a procedure in General Sessions Court to appeal the denial of a Handgun Permit.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If someone is Sovereign. Should he/she still seek an attorney

How can I help a Sovereign family member get out of jail?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 25, 2023

Defendant needs an attorney to represent him. He should probably keep quiet, especially about his claim of non-citizenship.

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