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Tennessee Elder Law Questions & Answers
1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: My friend has some memory issues and needs to write a will. How can this be accomplished?
Anthony M. Avery
Anthony M. Avery answered on Mar 15, 2021

Your Friend may not need a Will, as his assets should be examined first. A Will would have to be very carefully executed, which may not be possible. Hire a competent attorney to examine his situation.

1 Answer | Asked in Real Estate Law and Elder Law for Tennessee on
Q: Sister left me trailer that she moved on my property 12 years ago Would a nursing home be able to take it It is attached

Signed title to me and has funds to pay nursing home for apx 2 years. She moved to NC.

Anthony M. Avery
Anthony M. Avery answered on Mar 8, 2021

It might be possible, but extremely not probable. She is in NC not TN. I would not worry about it as she probably has forgot about her former property. The only thing that is a possible problem is NC law, not TN. If they really come after it. let them have it.

1 Answer | Asked in Criminal Law, Elder Law, Estate Planning and Probate for Tennessee on
Q: Sister's attorney knowingly deeded an diagnosed mentally incapacitated aunt's entire estate to his client, is he liable?

Attorney conspired with his client, knowingly accepted $4,000 in checks written by his client directly from their elderly vulnerable victim's embezzled bank account. A financial exploiting, poverty stricken niece hired an attorney to become aunt's POA and assist her in taking deed to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 16, 2021

There may be presumptive fraud if the Attorney In Fact deeded the principal's property to himself, or possibly his client. There are SOL's which you may have breached, and you may not have standing. Hire a competent attorney to examine the facts and title. You may or may not have a case.

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Would a General & Durable POA be what I need?

I am looking for something to have in place to help my mom (who lives in TN) with any financial, health and/or legal issues that may arise in the present and in the future when/if she becomes incapacitated.

Frank J. Steiner
Frank J. Steiner answered on Feb 12, 2021

You will need a duradle power of attorney for legal. You may also need a power of attorney for health care.

1 Answer | Asked in Elder Law for Tennessee on
Q: Help with mother's estate

My mother is almost 89 with dementia my sister is 70 she lives with mom she also has dementia.My mom has no will or power of attorney. My younger sister and I need help to figure out what we need to do to sell my moms home. Both need to go into assistant living. It will take what money my mom has... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 17, 2020

This is the Tennessee side of Justia. Ask for help from Mississippi attorneys.

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Can Tenncare estate recovery take part of my mother’s house proceeds if she wants to sell?

My dad had a stroke 4 years ago and had lived in a nursing home until the the day he died. We recently received an estate recovery letter from Tenncare. Since my mother is the spouse, she can live in the house without fearing collection from Tenncare. However, if she wants to sell the house, will... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 16, 2020

Absolutely.... There is probably a TennCare Lien filed at the Register of Deeds. The State will get paid before anyone else. The Mother may be able to Homestead part of it, but it is doubtful. Before she thinks about selling, hire a competent attorney to conduct a title search, and look at... Read more »

1 Answer | Asked in Divorce, Family Law and Elder Law for Tennessee on
Q: dad is 69 divorcing has become incapacitated wife placed him in nursing home no contact what can I do
Hannah Burdine
Hannah Burdine answered on Oct 28, 2020

Has your father filed for divorce or has his wife filed for divorce? If so, you can petition the court for a conservatorship over your father. If he is totally incapacitated, you would want a full conservatorship rather than a limited one.

1 Answer | Asked in Civil Rights, Family Law, Personal Injury and Elder Law for Tennessee on
Q: I am search of a TN lawyer that can help me with a unique situation involving my disabled, elderly, veteran father.

He may be being neglected and or abused and seems to be being help captive by his wife. Who herself has never shown the mental or physical capacity to care for another individual let alone one who is not ambulatory or verbal.

Tim Akpinar
Tim Akpinar answered on May 26, 2020

I'm sorry for your difficult situation. Your post remains open for a month and you may be better off simply reaching out to Tennessee attorneys here (Find-a-Lawyer) or searching independently on your own. This isn't really a lawyer referral service - it's only a Q & A Board. Good luck

Tim Akpinar

1 Answer | Asked in Family Law and Elder Law for Tennessee on
Q: Will a new medical POA override a previous notarized POA? Can you have 3 medical POA s?

My brother and his wife have medical POA over my mother and are planning to place her in a nursing home “if” she continues to decline. I vehemently disagree and am trying to find a way to prevent them from doing this. My mother does not want this and trusted my brother believing he would never... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 29, 2020

You Mother needs to simply revoke all the POAs. It should be done verbally and in a notarized declaration, which can then be recorded if needed. Now would be a good time.

1 Answer | Asked in Family Law, Civil Litigation and Elder Law for Tennessee on
Q: What is the extent of Filial Law in Indiana?

My Wife's mother lives in Indiana, we live in Tennessee. She is stating that she is able to sue us for Filial Law so that we have to support her??

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2020

You have not been sued nor served yet, so no suit exists at this time. When you get sued, if ever, then you will need an Indiana Attorney. Hopefully whatever is the disposition will not be enforceable here. If a judgment goes down there, then you need a very competent Tennessee attorney to... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Land Use & Zoning for Tennessee on
Q: Owned home in Nashville,TN almost 12 yrs.My neighbor 2 doors down bought the house between us 4Airbnb/Rs13 enchroached

My land when he said he would not dig up my land and if did would let me know,. He took the chain link fence down 30' that's been up for years without my permission, to bring in bulldozer/grader.for building a drench. he could of taken down his fence since he owns the property . I asked... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 30, 2019

You have a Boundary Line Dispute, and actions for Trespass and possible Tort Damages. You probably need a competent attorney to perform title searches on both properties, and may need a boundary line survey. All of this is expensive, and you will probably recover very little but defend your... Read more »

1 Answer | Asked in Elder Law for Tennessee on
Q: How do I get a legal way to take my mother out of assisted living and live with me.she does not like it there

I live in Tennessee she is in la.

Anthony M. Avery
Anthony M. Avery answered on Jun 20, 2019

If your Mother is in Louisiana, then that State's laws are controlling. Tennessee has nothing to do with it. Your Mother or yourself should contact a competent attorney in that State. Further it would be much better for a Power of Attorney to be executed in Louisiana, when it will be used there.

2 Answers | Asked in Divorce and Elder Law for Tennessee on
Q: Divorce case circa 1987, wherein one spouse has writ he is entitled to 40% of sale price for home in Huntsville, AL.

Divorce of 1987 states Mr. X is entitled to 40% of value of home in the event Mrs. X dies first.

Since paying off mortgage, Mr X has not put any money into maintaining the home.

The position is that Mrs X, by virtue of the fact that she has maintained the home for the past 30... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 10, 2019

Not sure of your question, and you have not stated enough facts. However it is very unlikely that a Tennessee Judgment has subject manner jurisdiction over anything to do with real property in Alabama.

The exception would occur on ancillary jurisdiction of a will probated in Tennessee....
Read more »

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1 Answer | Asked in Elder Law for Tennessee on
Q: If a POA has not been in contact with the person that named them over the whole year since they became it can it be rev

My father's sister is his POA she has not been in contact with him for the past year since you became his POA she has changed his life insurance policy to add her to have 10% of it and the two children she had taken or grandchildren have 45% of it a piece and not the others which is what he... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 1, 2019

The Principal of an executed Power of Attorney can revoke it at any time. He can issue a Revocation Document, which can be recorded at the Register of Deeds or it can be given to any important asset administrators such as a Bank or Insurance Company. He can always change the Insurance Designation... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Elder Law for Tennessee on
Q: one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separately loans

one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separate loans it was the Redstone Federal credit Union I froze my account so I could not pay on the car payments 2 months behind on the $15,000 long because they froze my account would not take out the... Read more »

Timothy Denison
Timothy Denison answered on Mar 23, 2019

Hire a lawyer and file suit to block the sale and recover the money.

1 Answer | Asked in Family Law and Elder Law for Tennessee on
Q: My mother-in-law in Tennessee has been diagnosed with dementia. My husband’s sister was immediately given either a

...general POA or conservatorship, or both. After selling her home and moving her to a nursing home, my sister-in-law will not give my mother-in-law copies of statements or other documentation regarding her finances, and we suspect my sister-in-law is taking or has taken large sums of money for her... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Feb 5, 2019

Unfortunately, the abuse of the elderly is becoming more and more common. One option will be to file a lawsuit against the attorney in fact to set aside and recover any "self dealing" transactions ( hopefully, all of the funds have not yet been spent). A Judge may very well have to... Read more »

1 Answer | Asked in Elder Law for Tennessee on
Q: My sister has power of attorney over my disabled father. I have POA of our mother.

Do I have a legal right to demand a copy of all the bills, assets, etc. of our parents to ensure they are being managed correctly? My sister has been handling their bills and accounts and my mother is confused and doesn't understand what she is doing and my sister is not being transparent... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 17, 2018

If your mother is still mentally competent, she should file court papers to be named conservator of your father- she as the spouse has the right to serve as his conservator even though he has signed a POA. Getting the courts involved may be the only way to get your sister to act openly.... Read more »

1 Answer | Asked in Elder Law for Tennessee on
Q: My mother is elderly and has become verbally abusive...she's also becoming violent. What are my rights as a tenant?

She has also called the police on me several times as a form of retaliation. I want to declare her incompetent, as she can no longer control her bodily functions. What can I do? I need help because I'm currently living with her and I'm nervous what she'll do next....

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jul 25, 2018

In Tennessee, maybe the first thing to do is try to get her to go to her doctor, and tell the doctor about her behavior asking him/her to provide an mental evaluation. Usually some form of medical examination is required in order have a conservator appointed.

1 Answer | Asked in Elder Law for Tennessee on
Q: If a 59 year old brother resides in his 67 year old sister's home and pays rent, is he legally bound to care for her?

Sister is disabled and is a drug addict. Brother is suffering from Parkinson's disease. Brother has been told if he moves out, it is abandonment and he will be arrested. Brother does not have the ability to care for her and does not wish to be involved in her lifestyle. If he is legally bound,... Read more »

Mr. William Ray Glasgow
Mr. William Ray Glasgow answered on Apr 7, 2018

Unless they have some sort of contract, he can do what he wants when he wants. If he is "legally bound" as you say by that contract, it needs to be examined by an attorney. Elder abuse is not tolerated in Tennessee and your brother should not be taken advantage of due to his Parkinson's.

1 Answer | Asked in Elder Law for Tennessee on
Q: If I'm the power of attorney&the person goes nursing home how can we move his money to another acct so it's not taken

Power of attorney of my brother. He has 50,000 in his bank he just got put in nursing home with cancer. We need to move the monew safely and legally do Medicare don't take it

Marjorie A Bristol
Marjorie A Bristol answered on Feb 16, 2018

You should contact an elder law attorney so that you can manage the money legally in a way that is not fraudulent.

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