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I am part of a homeowners association in Tennessee where our bylaws state that a homeowner must have lived in their condo for 24 months before renting. A homeowner living in the condo is allowed a roommate but cannot rent it out. Currently, someone is attempting to circumvent this rule by setting... View More 
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answered on Apr 23, 2025
The key to answering this question lies in a careful review of the HOA’s bylaws and covenants, as these governing documents likely define what qualifies as ownership and occupancy within the community. I would advise speaking with an attorney to review those bylaws, such as my office.... View More
In Tennessee, I want to create a life trust where I, as the mother, remain the tenant of the property until my death, at which point my daughter, the beneficiary/remainderman, takes possession. My goal is to avoid probate. There are no liens on the property. One deceased son, who is the brother to... View More
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answered on Apr 22, 2025
The BEST solution is a deed to a trust, either revocable or irrevocable (choice depends on other goals and concerns). With a trust you can (a) avoid probate, (b) preserve step up in basis at death to save on taxes for your daughter, and (c) protect you from your daughter's creditors during... View More
My father passed away on October 30, 2024. He was a resident of Osceola County, FL, and owned a home in Bledsoe County, TN. He left a will, and I went through the probate process in Florida, where I was appointed the personal representative as per the will. I have Orders and Letters of... View More
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answered on Apr 19, 2025
You can file a full ancillary probate if you would like , but most often that is not necessary. An easier way is to file and record an exemplified copy of the will.
My fiancé and I got into a verbal disagreement. Her mother threatened me with a gun and pulled a knife. I grabbed a knife, scraped them together, and threw them down. Now I’m charged with two counts of aggravated assault, despite not threatening or advancing. There were no witnesses, just us... View More
answered on Apr 17, 2025
Yes. Regardless of what you did with the knives, they will be considered a deadly weapon. There is nothing that can stop the State from charging you with asault. The lack of witnesses can work both ways. Essentially, it is a "he said, she said" situation.
I think that your... View More
I'm considering using a website called removepaywalls.com for personal and educational purposes, which directs users to the Internet Archive, Wayback Machine, or archive.today to access archived versions of various articles. I'm interested in understanding the legal risks or consequences... View More
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answered on Apr 16, 2025
Using websites like removepaywalls.com to bypass paywalls and access archived content through services such as the Internet Archive or archive.today raises potential legal issues, primarily relating to copyright law. The Copyright Act, 17 U.S.C. § 106, grants copyright holders exclusive rights to... View More
I signed an online agreement with the Wesley Final Group to cancel a timeshare on April 14, 2025. The timeshare is located in Tennessee. Can this service contract agreement be canceled within three days?
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answered on Apr 16, 2025
In Tennessee, the ability to cancel a timeshare service contract depends not only on state law but also on the specific terms of your agreement and the location, or situs, of the actual timeshare property. Even if you reside in Tennessee or signed the service contract there, your cancellation... View More
I am involved in a legal case where electronic surveillance search warrants for cellphone location data were granted on August 13, 2024, and August 20, 2024, by the same judge. The warrants are supposed to cover GPS phone location data from April 13, 2024, to the present date. The officer who... View More
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answered on Apr 15, 2025
What kind of legal case are you in? Criminal would involve an indictment and you might file a motion to suppress evidence elicited through the SW. But going after both SWs as illegal will probably fail as they sound based on probably cause. Your lawyer needs to start representing you. You... View More
I have been living in a property for 17 years, and my landlord promised me verbally that I would inherit it after his death. He has since passed away, and the property is now in probate without any written document. I have a witness to his promise, have not paid rent for the past month, and was... View More
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answered on Apr 15, 2025
I hate to be the bearer of bad news but you probably do not have a leg to stand on. Oral wills pertaining to real estate are not enforceable. And if he had no will at all, then the heirs are nearest blood relatives, not tenants. Sorry. You also probably cannot make a claim due to adverse... View More
I purchased property in Tennessee in 2022 using a warranty deed, which includes a parcel and pieces of multiple parcels described with measurements. This was recorded at that time. In 2024, I agreed to a loan with the seller (who owns the adjoining 15 acres) using 2 acres near my property as... View More
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answered on Apr 12, 2025
An affidavit cannot convey title to property. You may have no legal remedy, especially with that life estate out there. If you cannot afford to hire an attorney to sue for quiet title against the remainderman, then forget about it. At the least you need to do a title search of all the subject... View More
My father's will stated that everything he owned was to be equally divided among the beneficiaries, except for the properties he had previously given when he acted as power of attorney years ago. These properties were legally transferred before his passing, but there is disagreement among the... View More
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answered on Apr 10, 2025
If testator did not own property at his death then it does not go through his will. People who claim interests in the lands can file suit for ejectment, quiet title, etc., with the testator's devisees as defendants. If will is probated, a motion to construe unclear devises can be made by... View More
I am a co-beneficiary of an estate, and the executrix, who is also a co-beneficiary, is being granted real property from the estate. All co-beneficiaries are in agreement with this transfer. Do all co-beneficiaries need to sign a quit claim deed for the property to be transferred to the executrix?
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answered on Apr 8, 2025
Your narrative does not contain enough information to enable an attorney to answer your question. Has a probate case been opened? Has the executor actually been APPOINTED to that role by the probate court? Is the estate solvent? How much time has elapsed from date of death? Who/what is... View More
I have a comprehensive will in Tennessee where all assets are to be sold and the proceeds split evenly among the heirs. The will and all assets are located in Tennessee. The executor is prepared to handle distribution, and there are no debts or taxes to consider. There are also no disputes among... View More
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answered on Apr 7, 2025
Yes, probate is required as you will quickly discover when you try to gain access to motor vehicles, bank accounts and other financial assets and, sometimes, real estate. I suppose if there are no such assets, only personal property, you could get away with just selling things and splitting up... View More
I am concerned about the management of my late son's life insurance policy benefits. He worked for the federal Department of Defense and did not designate a beneficiary, so the primary beneficiaries are his minor children. His mother was supposed to establish a Thrift Savings Plan to hold the... View More
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answered on Apr 3, 2025
I doubt you have any legal standing here. And there are probably no causes of actions available. If a crime occurred, the SOL has run for both State and Federal, and that was probably what should have been looked into. If the Policy has already been paid out, then there are not any "next... View More
I have durable power of attorney for healthcare for my deceased mother in Tennessee, which I understand gives me authority to make funeral decisions. My brother, with whom I haven't had contact in years, is opposing the decision to cremate her, despite me having already paid for the service.... View More
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answered on Apr 3, 2025
The POA terminated at principal's death. You can go to Chancery to have your Mother's express wishes ordered. Outside of that you probably have no authority. You may be able to find another cremation service, but your Brother may sue everyone involved but damages would be limited.... View More
I own one-third of a property, and there is a lien on my share due to back child support arrearages. The lien amount is less than my share's value. The co-owners are willing to sell the property, but the sale process has not started yet. I have paperwork showing the lien on my portion. How can... View More
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answered on Apr 2, 2025
The lien is against property that you have a titled interest in, not just against your share. So closing instructions or sale contract provisions should expressly state that the CS is to be paid at closing. Be sure the CS persons are ready to release the lien immediately, and draft a proposed... View More
I am a civilian police officer whose department requires me to take my service weapon home and to carry it while in uniform, even when off the clock. I live on the Fort Campbell Army Base with my active duty spouse, and I take my patrol car home as required. Are there any legal issues I should be... View More
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answered on Apr 1, 2025
Military Posts are federal jurisdiction, not State. So check with the Provost Marshall or Security there. The Post Commander sets the rules for firearms on his post, which usually involves registration and not being armed.
I have a business and property for sale, and a potential buyer backed out on the day of closing after receiving a call from my neighbor, who wanted to buy the property but made a low offer that I refused. The neighbor persuaded the buyer not to proceed by saying they wouldn't allow parking.... View More
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answered on Mar 31, 2025
There may be a boundary or easement dispute, which is at least a cloud on both titles. You may try to make such a tort suit, including slander of title, but it will be very difficult. Collection might be impossible. Access to your business is what is important, not selling the property, so... View More
I own a home built in 1992 that encroaches about 3 feet over a golf course easement. This issue has been present through several ownerships, and I've been advised by an attorney that it's not legally problematic since the house has been sold multiple times over 33 years without issue.... View More
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answered on Mar 29, 2025
You might get the owner of the golf course to agree to a joint and permanent easement to be made of record. If you are able to move your encroachment, then you might do so. Otherwise expect to sell to buyers who are not concerned with the title cloud or possibly be sued at some time in the... View More
I have been indicted for the sale and delivery of a Schedule II substance and two school zone charges, though I believe I am innocent. An informant entered my home without a warrant and recorded me without my knowledge, during which drugs were sold by someone else. Despite the dealer admitting in a... View More
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answered on Mar 28, 2025
You need to hire an attorney now. Keep calling criminal lawyers until you can find one that will accept your payment plan. In the meantime work at least one job or more. Get a new phone number, avoid the persons you have been dealing with and stay out of trouble. That will be a case for a... View More
I have signed three powers of attorney for each of my children using a standardized form that was notarized. One was signed several years ago, and one was more recent. I no longer feel comfortable with the person I granted this authority to. There is no specific type of power of attorney involved.... View More
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answered on Mar 27, 2025
I do not think it is possible to have three concurrent attorney in facts. In any event, all you need to do is revoke them. Tell each child the POA is revoked and send a notarized revocation to each child and any third parties that you think have been notified of the three POAs. If real... View More
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