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Tennessee Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I get my charges dropped if my name is misspelled
Anthony M. Avery
Anthony M. Avery answered on May 18, 2021

Usually not. A new indictment or an alias will go down.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can a DUI be expunged
Anthony M. Avery
Anthony M. Avery answered on May 18, 2021

A TN DUI Conviction cannot be expunged. Sometimes a good lawyer can mitigate the consequences of a bad background.

1 Answer | Asked in Divorce for Tennessee on
Q: Judge granted me a divorce in 08 my lawyer never got paperwork for judge to sign or me or my x so am I still married
Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

Have you checked with the Court Clerk? You need to physically look at the File, which may be difficult to find. Hopefully there is an Order and maybe some Minutes. If not, then you may need a lawyer to get an Order Nunc Pro Tunc entered, or a new Divorce Action.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Grandmother passed away without a will in TN My Mother lived in her house with her for years and remained after death…

Grandmother did not owe any bills and her house was paid for. The house was never transferred to my mothers name. I have paid the taxes on it for years. Now my mother is in bad health. Should we put the house in my mothers name now or will it pass to me upon her passing? Thank you.

Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

You must determine who the owner is right now first. A title search and an heirship determination will be in order. Then you and the Mother might seek counsel about Estate Planning. Remember the longer you wait, the chances of judgment liens become more pronounced.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Regarding a joint tenants with right of survivorship, since April, 1994, property in TN

One co-owner (mother) died in August, 2020, remaining co-owner (brother) has refused to provide keys & access to said property & is attempting to buy me out, but demands I pay for expenses that are not affiliated with said property, While I am willing to share half of property taxes &... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

These money issues can probably only be addressed through an Action for an Accounting and Conversion. But you basically only have a 3 year SOL. Again the real property needs an agreed conveyance, or an Action for Partition.

1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Tennessee on
Q: shut out of property that is co-owned, under joint tenants with right of survivorship fall under unlawful ouster law

after death of parent, my brother, who was an equal owner, under joint tenants with right of survivorship has refused to provide access or keys to the property, which has been co-owned since April, 1994. He is now attempting to make me pay for expenses for that property.

Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

If in fact you are a joint tenant with your brother, then you may wish to help pay for the taxes, insurance, etc. Somebody has to, or the Trustee will sell it for taxes. You may wish to hire an attorney to file a Petition in Chancery for a Sale for Partition. Also you two could buy each... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I missed court for driving w no insrence which i got 2 days after the ticket was issued.not that it makes a difference
Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

Hire an attorney to represent you. He can get you before the Court, then see if a Dismissal is possible since Diversion is not.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My ex took out a restraining order against me and perjured my address so I wouldnt be in court on the date.

I wasnt in court so I dont know what happened. I was never served. I texted her and I hear she filed for a violation of the order against me. What do I do? This isnt fair if its true.

Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

Hire an attorney. He can look at the file, then file a Response and request a Hearing. By yourself you will be arrested and will not be able to effectively represent yourself.

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Tennessee on
Q: My landlord notified me he is selling his properties to retire, can he make us leave or can I take it to court?

There is a clause in our 3 year lease that’s titled “Vacating Upon Termination” and it states “Tenant agrees upon expiration of the term of this lease or upon early termination of the lease for any cause tenant will at once peacefully surrender the leased premises etc.” My question is if... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on May 16, 2021

The answer will depend on the language of your lease. If you have a three year lease- without any provision related to termination prior to this then you have a 3 year lease. The language you provided doesn't sound like enough to allow for an early termination.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If a relative has cosigned on my mortgage, can they take me to court because I've been unable to refinance without them?
Anthony M. Avery
Anthony M. Avery answered on May 14, 2021

If the relative pays off the Note, they might file suit for Contribution against you. It is not a significant risk though.

1 Answer | Asked in Criminal Law and Wrongful Death for Tennessee on
Q: can a person with any amount of meth in system be arrested and charged if they hit a pedestrian and pedestrian dies
Anthony M. Avery
Anthony M. Avery answered on May 13, 2021

There could be numerous criminal charges generated by such a scenario. If you know who the defendant is, tell him to not talk to anyone and hire a competent attorney immediately. An insurance company may need to be notified by your attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Im charged with identity theft. Police came to my house 3 times. holding 2 white paper . didnt announce who or why

I would like to know how to find out whats going on

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

Apparently you already know the general nature of the criminal charges. Hire a competent attorney immediately. Do not talk to anyone about this, especially on the internet.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I have a speeding ticket for 81 mph at a 70 mph zone (Interstate) while going with traffic. How do I defend my case?

I was being repeatedly honked at for being on speed limit (70 mph), so I had to accelerate a little. It was daytime.

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

Go to Court in a respectful manner. Dress decent and talk to the DA or Judge politely. Quickly explain what happened. Have cash on you. Possibly you will be diverted or dismissed, or you might plea to a MVR nonreportable 9 mph over.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: We were told we have to bring our 6yr old to court do we have to?

My 6yr old daughter has missed 18days and thier telling us we have to bring her with us to court shes scared and dont want to go what do we do?

Anthony M. Avery
Anthony M. Avery answered on May 12, 2021

Who told you to bring the child to Court? If it is not an Order from a Judge, then you do not have to. But it sounds like other interested parties want the Child there. Hire an attorney to represent you, and take the Child to Court. Apparently your continued custody is in peril.

1 Answer | Asked in Family Law for Tennessee on
Q: Being a resident of Missouri at age 16 I went to Oklahoma and married without parental consent by lying about my age.

Is this considered a valid marriage after 36 years

Anthony M. Avery
Anthony M. Avery answered on May 12, 2021

You will need to talk to an OK lawyer.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Speeding ticket.. ticket says vehicle is registered to me but its registered to my wife..could it be dropped
Anthony M. Avery
Anthony M. Avery answered on May 10, 2021

The owner of the vehicle is basically irrelevant to the criminal charge, and it can be easily amended. Be polite to the DA informing him of the same, and maybe Diversion can occur.

1 Answer | Asked in Divorce for Tennessee on
Q: If court orders issued during divorce proceedings are violated, are the orders voided when a judge signs a final decree

Or are the orders still enforceable?

Anthony M. Avery
Anthony M. Avery answered on May 10, 2021

Generally the Final Decree is the only Order to be concerned with. But you will need your attorney to examine your Case and advise. It is possible other Orders are still enforceable, and post divorce jurisdiction is retained under that Docket Number.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I’m buying a 5 acre plot in East TN. The paved entrance road that accesses the plot isn’t mine - how do I protect access

There are a few other random cabins that dot the street on each side, which accesses my plot. No one can tell me who actually owns the access/entrance road with the other houses on it. My fear is that someone could stack disused cars or piles of wood or let the road fall into disrepair and I... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 10, 2021

Hire a competent attorney to search your title and the title where your access road is. You may not have an easement, and will need one at purchase, or do not buy the property.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I am on informal probation for alcohol. I just had an overdose, which is now my 2nd. How likely is prosecution?

I went to the hospital, I was not charged or arrested, yet, I did not have anything on me, keys were not in ignition. Overdose was for opiates(fentanyl). Will a probation office be contacted? Should I get a lawyer? How do I know if they will decide to prosecute or not? Probation is for reckless... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 10, 2021

If no criminal charges were made, then probably no violation has occurred. It is possible the State will learn of violating your Probation Order, but stay away from drugs, work, and you will probably be alright for the next 11/29.

1 Answer | Asked in Products Liability, Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Is there anyway to get back my vehicle after Tennessee seized it for transportation of illegal narcotics?

I have filed an appeal but because I was unable to afford an attorney I was forced to represent myself and since I didn't know what I was doing the judge ruled for Tennessee to keep it. I have the option now to ask for a stay and file another appeal to thebest of my understanding. If anyone... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 10, 2021

You will need an attorney and money, or forget about it.

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