Tennessee Questions & Answers

Q: I am letting my son take over my payments of my home and giving him title to home...I can live until my death...

1 Answer | Asked in Family Law and Real Estate Law for Tennessee on
Answered on Jun 22, 2017

You need the personal advice of a lawyer. Don't do this until you get that advice. There are many ways to allow your son to have some ownership in your home in exchange for his paying the notes, but there are many, many pitfalls that could harm you both if you don't accomplish your goal properly. Meet personally with at least one lawyer, preferably more than one.
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Q: Can I move out of state if there are no custody orders in place?

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Answered on Jun 21, 2017

NO. Since you call her "my son's mother" ( as opposed to your "wife") I assume you were never married to this woman. If a child is born out of wedlock, the mother is, by statute the legal guardian of the child. ( You don't say whether your name in on the birth certificate, so I assume it is not). In other words, your relationship to the child ( paternity) has never been officially recognized by a court, so by operation of law, the mother is the legal guardian.

You should file papers in...
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Q: I am filing malpractice lawsuit that resulted in death of a parent it is being filed on my behalf do I have to give to

2 Answers | Asked in Medical Malpractice and Personal Injury for Tennessee on
Answered on Jun 20, 2017

Medical negligence cases are very difficult to file without a lawyer. There are a lot of procedural requirements. That is a caution to you. Consult, call a lawyer that does medical negligence cases.

To your question- there is astatute dealing with who can bring an action for wrongful death. If your other parent is still living this parent would have a right to file. Also, there is a statute relating to whose benefit a recovery would go. And your brother would likely be entitled to part...
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Q: My mother has Alzheimer's Disease and in order to help my dad with her care we are considering having live in caregiver,

1 Answer | Asked in Contracts and Elder Law for Tennessee on
Answered on Jun 20, 2017

What you need is Medicaid Planning- Irrevocable Trust, Pooled Income Trust and Medicaid application done.

If your mother needs community Medicaid there is no look back provision in NY and we or any Medicaid planning attorney can do it working 2-3 months.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859...
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Q: How can I file an extension on the deadline to respond to a complaint for a divorce in Tennessee?

1 Answer | Asked in Divorce for Tennessee on
Answered on Jun 20, 2017

First, contact the lawyer who filed the complain and ASK for the extension, get a response in writing if h they agree. If they won't agree, file a "motion" ( a written request) explaining to the judge why you need more time. I assume you have a good reason, not just delay or inattention. You file the motion in the court clerk's office and they will give you a court date when the motion will be scheduled to come before the judge. You must also send a copy of the motion and the court date to the...
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Q: Is there anyway for a spouse to dictate in a will how a surviving spouse handles the inherited money?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Jun 20, 2017

A surviving spouse has certain special rights, more so than a child or any other relative. Discussion of those rights ( homestead, exempt property, elective share and years support) will require more than can be provided in this question and answer format. For sure, he should have a will and name a trusted person as the executor. This will at least make sure that only the minimum allowable portion of this money go to the spouse assuming she insists on her minimum rights. Get him to an estate...
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Q: Is there a such thing as grandparents rights in TN? If so are they possible to gain if the father isn't on the BC?

2 Answers | Asked in Family Law for Tennessee on
Answered on Jun 20, 2017

Tennessee law does recognize grandparents visits, under limited circumstances. `Your question doesn't provide enough information to allow an accurate response. Since you have internet access ( to submit this question) consider doing some research: for example try googling the term " grandparent rights TN law"
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Q: My mom passed last yr wt no will,there are 1 child by 1st marriage,2 children by 2nd marriage,1 of my half brothers pass

1 Answer | Asked in Family Law and Probate for Tennessee on
Answered on Jun 20, 2017

Go see a lawyer or at least go to court when you get notice of the will being presented to the court.
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Q: I entered into a contract to sell my home 1 day ago, but now I need to back out. How likely am I to be in legal danger?

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Answered on Jun 17, 2017

You likely have signed a TAR form contract. You are correct, the buyers would get their earnest money back. However, the buyer may have a right to demand specific performance- force the sale as well as damages. There may contingencies in your contract that may provide a way out. Talk to your real estate agent (assuming you have one) and you may need a lawyer.
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Q: Can a collection agency keep pursuing me for money. Despite the fact my insurance company told them I don't have to pay?

1 Answer | Asked in Collections for Tennessee on
Answered on Jun 16, 2017

Yes, they can try to collect from you. Collection agencies ( some, not all) have been known to try all kinds of tricks and shady practices in order to get a person to pay- they really are not concerned about whether you legally owe the debt, they are just concerned with what it takes in order to get you to pay. Some people will pay just to make them stop the collection process. I suggest ignoring them completely- if you respond in any way, that confirms to them that you are still alive, living...
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Q: I live in TN. Is it necessary to obtain an attorney for child support court, benefits? I am the custodial parent.

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

I assume you filed for support by going through the local child support enforcement unit of the District Attorney's office. If you are receiving any state assistance, the State will require that the child support be paid through the state ( to help cover what the state pays you). The child support attorney from the D.A.'s office will assist you in getting a support obligation established, or in enforcing that order, but's that all they do. In other words, they won't negotiate parenting time or...
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Q: i was whiplashed auto wreck last summer, 4 mo physical therapy, now being offered 5000 to settle. is this a fair amt?

1 Answer | Asked in Personal Injury for Tennessee on
Answered on Jun 15, 2017

I would suggest you talk to an attorney and not post more about your claim. It may be a fair amount. But hard to tell based upon what you have explained. A good attorney should tell you if this is a fair amount and if not why- without charging you.for an initial consulatation. If this happened in Tennessee you need to be careful about the statute of limitations- which is one year for personal injury.
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Q: I feel i am being being blackmailed for 7 thousand dollars, I have no lawyerHow can I defend myself

1 Answer | Asked in Contracts and Employment Law for Tennessee on
Answered on Jun 15, 2017

It is difficult to tell what your issues are with what you have posted. You will likely get some explanations or answers if you can better explain the facts.
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Q: I have filed for divorce after a brief 2 month marriage. I am due in a few weeks,what would happen if I left him off BC

1 Answer | Asked in Divorce and Family Law for Tennessee on
Answered on Jun 15, 2017

Failing to identify the father on the birth certificate will NOT affect his parental rights. I suspect the Judge will inquire at the time of divorce if you are/were pregnant and lying to the Judge is a HUGE mistake. Tennessee law requires the Judge to make sure the child is provided for, and that generally means ordering child support and a parenting time schedule ( the law says the child should have a relationship with BOTH parents, so it not just up to you to decide what best for the child)....
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Q: Can I let an immediate family member live with me if they are not listed as tenant or occupant on my lease?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jun 14, 2017

This can't be answered without a careful review of the actual lease agreement. You can have short term visitors, its likely that you can't bring in another full time occupant. If you were the landlord, how would you like it if you rented to one person, then later found out 2 or 3 other people were also living in the unit?
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Q: I purchased a home that my driveway is 6 inches into my neighbors yard. Do they have rights to my driveway?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Jun 14, 2017

I suggest you talk to your neighbor and request that you both hire a good surveyor ( each of you to pay half the fee) to locate and mark the exact boundary. Then, each of you pay half the cost of building a strong fence on the boundary. There is an old saying that "good fences makes good neighbors" and it has some truth to it. If he won't agree, you may decide to pay for all of it yourself, but it may be worth in the long run.
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Q: I've been separated for almost two years and haven't seen spouse since. How do I get divorced if I can't find spouse?

1 Answer | Asked in Divorce for Tennessee on
Answered on Jun 13, 2017

Part of the divorce process (and really, any court case) is for papers to be "served" by the sheriff on the other side to notify them they have been sued. In extreme cases, notice is accomplished by running an ad in the local newspaper ( this is more expensive than just serving him). However, you first have to convince the Judge you have made a 'diligent search and inquiry" trying to find him. With internet and social media, most people can be located. Consider hiring a private investigator?...
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Q: I'm graduating high school before i turn 18 and i want to go out of state for college, but my father doesn't want me to.

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

Short answer is you would not be breaking the law, but there is probably more here than meets the eye. You don't say how you will support yourself or who will pay the bills. If he is required by the divorce decree to pay for college expenses or anything else past your 18th birthday, he has a say in how those funds are spent.
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Q: Can a homeowner who lives in seperate home but giving permission for sibling to live in the non occupied home give the

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Tennessee on
Answered on Jun 12, 2017

Sorry, but this question is so heavily "fact-dependent" that any kind of answer in this format would be unreliable.

"Consent" from the owner of the property is probably sufficient- unless there is a lease agreement or other facts showing that the owner has surrendered control of the premises to the current occupants.
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Q: What is the statue of limitation on credit collections after someone dies

1 Answer | Asked in Collections for Tennessee on
Answered on Jun 12, 2017

The statute of limitations does not change. However, if a formal administration of the deceased's estate is opened ( either with a will or no will) that process can drastically shorten the time period for the credit card company to file a claim. This requires giving the credit card company written notice of the death of the customer. I suggest your consult an experienced probate/estate lawyer.
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