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Tennessee Questions & Answers
1 Answer | Asked in Family Law for Tennessee on
Q: In the state of TN does a mother have to have bedrooms for the children for privacy or can they sleep in an open loft?

Living situation: Ex-wife, mother, father, boyfriend, our two kids (9 year old girl, 10 year old boy), another girl (age 7 or 8 from another guy, not boyfriend), total of 7, in a 2 bedroom log cabin. 3 kids share an open loft with no privacy or doors. Completely open to the downstairs. Unknown,... Read more »

Ross Matuszak
Ross Matuszak answered on Mar 3, 2021

Thank you for your question. From the facts you provided, it doesn't seem that anything is criminally. However, the situation that you describe is odd, and a court may find that the living situation is not in the best interest of the children.

In many parenting plans (including those...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: Can I file for emergency custody of my children when I file for divorce?

I have no filed yet but my husband is an addict and I am scared for my kids to he with him wothoit me around.

Ross Matuszak
Ross Matuszak answered on Mar 3, 2021

Thank you for your question. Yes, you can file for full custody while the divorce is pending if you suspect that the children may be in danger due to your spouse's addiction issues. I would recommend hiring an attorney to assist you with the process to ensure that your children are protected.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Iam in desperate need of a criminal lawyer for my son charged with 2nd degree murder we have no money pro bono

Needing help or direction to ensure my son gets a fair hearing and or deal on his current charges

We can afford a lawyer looking for a pro bono lawyer

he has 2 charges of 2nd degree murder, tampering, arson been in jail since last part of 2019

This happened in Sullivan... Read more »

Bennett James Wills
Bennett James Wills answered on Mar 2, 2021

The accused has the right to an attorney. But if you cannot afford an attorney, you'll need to contact the public defender's office in the county where the charges are pending to get representation.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: They served us eviction papers before the month was over l am 31 days late and have a court date tomorrow is this legal
Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

You were served prior to Court, so what is the problem? A continuance is possible, but it appears you have no defense to an Unlawful Detainer Warrant. I suggest you start looking for somewhere else to live, and not pay April's rent.

1 Answer | Asked in Divorce, Estate Planning and Family Law for Tennessee on
Q: I've been divorced many years but have never recieved my half of assets that were in judgement.

I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

Hopefully you also had a Qualified Domestic Relations Order in addition to your Divorce Decree. Without it there is probably little hope of ever receiving anything from a Retirement Plan. Annuities are a whole separate problem as you have to sue each administrator/trustee in whatever State... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: As a beneficiary named in a decedent's will, am I able to file a muniment of title to obtain ownership to decedent's hom
Frank J. Steiner
Frank J. Steiner answered on Mar 2, 2021

Yes, If you are named to inherit the real property

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Got fired for gallbladder problems, causing me to passout at work.

I told my managers that i was going to the doctor and was waiting for a call to get an ultrasound. But i passed out several times at work over the weekend and i was slumped over in pain several times. Someone took a pict of me saying i was asleep for 30 mins. I wasnt, i was just in pain. HR called... Read more »

Jonathan William Doolan
Jonathan William Doolan answered on Mar 1, 2021

There are several issues that would need to be addressed to properly answer this question, including how many employees the company has and how long you worked there. I would suggest contacting an employment attorney in your area to see if they offer a free consultation.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can a county consider your property a mobile home park if you have 2 or mobile homes on it
Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

It is possible. But what is the current zoning? And has there been any applications for multi-party, or at least large, septic systems? The Tax Assessor may be wanting to assess some Special Interests, where there is still one tax parcel, but several sub-parcels are apportioned for taxes.

1 Answer | Asked in Employment Law for Tennessee on
Q: I worked in KY but live in TN & owner of business lives in TN. I was not paid. What state do I file complaint in?

I worked for a pharmacy in Ky and was not paid for hours worked or reimbursed for expenses like mileage and hotel bills that were agreed to be paid by owner. I live in TN and the owner lives in TN, but the business is incorporated. What state do I file a complaint in as far as small claims court?

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

Kentucky is the venue of the contract and its breach, so I would file there first. If successful, it will be a foreign judgment which must be used in TN to collect. If you file in General Sessions here, defendant will claim no jurisdiction.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I live with my sister and her boyfriend also slit the rent for 5 months now. Can she throw me out. I get mail there.
Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

The owner, landlord or possibly even the tenant, can file an Unlawful Detainer Action against you. It will take just over a month to remove you from possession.

3 Answers | Asked in Bankruptcy, Small Claims and Banking for Tennessee on
Q: what happens if i don’t pay off my collection/charge off debt?

there’s 3 different charges, one going back 3 years. i heard that they go away after “7 years off being on your credit report.”

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 27, 2021

Broad question- "what happens to whom?"

A financial institution's "charge-off" is an internal accounting and regulatory function; a charge-off by your lender in no way affects or reduces your legal obligation to repay the debt.

The length of time an...
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2 Answers | Asked in Appeals / Appellate Law and Civil Rights for Tennessee on
Q: Is there a statue of limitation on appealing procedure subject matter jurisdiction?

options on appealing subject matters jurisdictiion.

Charles William Michaels
Charles William Michaels answered on Feb 27, 2021

First, I am not a Tennessee lawyer. That being said, whatever are the issues you intend to raise on appeal, the time to appeal is the same. Usually, it's 30 days from the final judgment of the court below. Once the appeal is noted, when you file your brief, you can raise the issue of subject... Read more »

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1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I was cited in Tennessee for OPERATOR TO USE REASONABLE CARE. I was given the option to plea guilty or no contest.

I was changing lanes and didn't realize the car in front of me came to a complete stop. I ended up rear-ending her. Both cars totaled. Neither one of us was injured. I am given the option to pay fine online. Should I plea no contest or guilty? I am also supposed to check waive right to a... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 26, 2021

Either plea means you are guilty of the Rule of the Road Violation. That means negligence per se when you are sued for causing damages to the car you hit. If you have insurance, call them and ask for advice. If you try it, you will lose anyway. It will be alot better if your insurance... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: We have recently located and purchased a home in Dayton Tn the two previous owners had the home with an ajacent lot the

2nd owner sold the property with the house and sold the lot next door to another person come to find out the fence that seperates the two properties part is on the next door lot and now the new owner has made us aware and to move the fence we thought we purchased a house with a fence and now we are... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 26, 2021

It sounds like you did not check the title and/or needed a survey prior to purchase. Two title searches must be performed on the adjoining properties. Possibly a boundary line survey and/or boundary line agreement is needed. Hopefully suit for a Boundary Dispute can be avoided, but both... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do you need a jury trial or bench hearing for easement issue
Anthony M. Avery
Anthony M. Avery answered on Feb 25, 2021

Either party can initially demand a jury. However most Declaratory Judgment/Injunction Actions involving Easements in Tennessee are usually before the Chancery Courts without a jury. In Chancery, jury trials are sometimes held with the jury determining special factual issues. There are... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: I have a question about my fathers estate. He passed away last November and I am his oldest child.
Anthony M. Avery
Anthony M. Avery answered on Feb 25, 2021

What is your question? Pertinent facts involve: surviving spouse, children or deceased children; what kinds of properties and debts are involved; and did the Decedent have a Will? Without a Probated Will, the Heirs At Law own his real property, and the Next Of Kin own his personal property.... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: What if I got a DUI for .5 oxycodone in my system, do I still have to get the Interlock? And I'm not longer in Probation

But still have Fines to pay. I don't have a vehicle but plan to get one soon and get my license reinstated.

Anthony M. Avery
Anthony M. Avery answered on Feb 25, 2021

If you were convicted of DUI, usually the only way to get a TNDL until the entire Sentence is completed and paid, is to apply for the Interlock Device. If you do not have an attorney, then you might ask the Court Clerk to assist you in applying for the Judge's Order. Then you have to... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: If my probation officer continually threatens me and calls me stupid do i have to listen
Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2021

You need to post this question in Indiana, not Tennessee. But usually you have to do what the Probation Officers say regardless, or they will violate you... And you are the one that goes to Jail or Prison. They may assign you another PO in time, but do not complain now.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend was arrested on Aggravated Domestic Assault against me. If I skip court will he be released from jail?

My boyfriend of 9 months was arrested and I am the alleged victim. We were fighting that night but I didn'tcall the police. My mom called them after I called her for a ride. She hates my bf. I was on the balcony fuming after our fight and he says when I stood on the side of the chair looking... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2021

It will not be that easy for the charges to be dropped. And they are very serious. He needs a competent attorney today, and you do not need to communicate with him in any way. You may need your own attorney if you are not careful. Without proof the State's Case will be dismissed. But... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My brother and I are co-executors in my mothers will. He owes back taxes. Can the IRS come after those assets.

With his consent, if removed as co-executor, can we stop the IRS from taking assets?

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2021

Hopefully you have not filed Probate yet. In any event you need a competent attorney to handle this. You are correct that the Brother should not be an Executor, and the Court will not have a problem with that. The Estate should not be victimized by your Brother's tax situation, but it could... Read more »

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