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Tennessee Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Elder Law for Tennessee on
Q: Can a will be contested if the deceased was not competent while signing the will? Example: dementia.
Nathaniel R Ogle
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Nathaniel R Ogle
answered on Nov 21, 2022

Yes, one can contest the probate of such a will under those circumstances in Tennessee. I would suggest you speak to qualified legal counsel to pursue this action.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Tennessee on
Q: I live in TN and wanting to file for divorce. We have a marital home but I am not on the mortgage. Can I be evicted?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 16, 2022

If you are named as a grantee on the Deed(not the Deed of Trust), then you have no ownership. Owner can file a Detainer Warrant unless you have a spousal support Order from the Divorce Court.

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1 Answer | Asked in Family Law for Tennessee on
Q: I let my nephew stay in my house he agreed to pay 100a month now he is behind 5months and tearing up my home I need him

Him to move and he won't

Anthony M. Avery
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Anthony M. Avery
answered on Nov 7, 2022

Hire a competent attorney to file and prosecute a Detainer Warrant at General Sessions Court. Do not get in a fight with him. Sue for possession only.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Tennessee on
Q: If someone is accused of choking their spouse, even if it's he said/she said, will that person automatically be arrested

After the choking incident, the very next night in fact, there was another incident. He was not arrested or held the mandated 8 hours. Is the police department negligent in this case?

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Nov 4, 2022

Depends on a wide variety of factors. The hold is a mandatory 12 hours.

1 Answer | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: My dad passed away and he has a will his wife left town with will we haven’t seen it can we see it with his attorney
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 18, 2022

Without physical possession of a Will it is very difficult to prove its existence. You may wish to start an Intestate Administration, but first consult with a competent attorney to see if Probate is needed. Remember a surviving spouse cannot be disinherited, and is entitled to a large amount of... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: I need help regarding a parenting plan, a written agreement and a motion for contempt.

We have an active parenting plan, he is not following, we have a written agreement between us regarding my son’s marching band and cross country that he violated this past weekend, he kept our children past the drop off time and law enforcement refused to help, along with him speaking Ill of me... Read more »

Bennett James Wills
Bennett James Wills
answered on Sep 20, 2022

Use the search function on this site to find a family law attorney near you for assistance.

1 Answer | Asked in Family Law for Tennessee on
Q: Where can I locate a statute from the 1993 Mississippi Code concerning power of attorney?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 7, 2022

Some law libraries will have a Mississippi Code. Or you might find it on the internet. It may be tricky finding what statute was in effect in 1993, but subsequent laws may supersede an earlier one.

1 Answer | Asked in Family Law for Tennessee on
Q: What type of POA do I need to get before spouse becomes completely unable to answer for themselves?

Person is getting dementia

Bennett James Wills
Bennett James Wills
answered on Sep 6, 2022

You'd be wise to discuss these issues with an attorney to make sure you and your spouse are fully covered. The usual documents are a will, durable power of attorney, and medical power of attorney. But your particular situation may be different.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I have concerns about visitations resuming with NCP in TN.

I have had custody of 13y/o daughter since 2013, NCP recently relapsed and is back in rehab. I have questions about visitations now as she lost her home and states visits have to be at her parents again. However, visits at her parents are part of the reason our child ended up inpatient at... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

Consult with counsel. This seems to be a complicated situation that you may want to consider going to court over to modify the current plans.

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Tennessee on
Q: How do I go to police after running away and not go back to my dad I want to live with mom but she has no custody TN

I ran away from my dad's house because I wasn't mentally well I was always depressed and I couldn't get help. My dad's wife told me I said therapy wouldn't work after I went to an evaluation and wanted to go back. They've been very manipulative using the fact that my... Read more »

Henry Ambrose
Henry Ambrose
answered on Aug 11, 2022

Your situation is complicated and difficult to answer on-line without lots more information, If you are not safe please go to the nearest police department and ask for help.

Here is another idea:

https://youthvillages.org/about-us/locations/tennessee/

Call them and tell them...
Read more »

2 Answers | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: My dad was executor and refused the role so I was forced to handle everything.

My dad was put on my grandma's will as executor and when she passed he wrote a text message denying the rple as executor I was then forced to take care of everything regarding my grandma's funeral my dad then went to the bank and told everybody he is the executor. I ended up paying For... Read more »

Scott John Terry
Scott John Terry
answered on Aug 2, 2022

Depending on the size of your grandmother's estate, you need to start a probate proceeding and have yourself appointed as the executor of your grandmother's estate. If her estate is smaller than $100k, then you can avoid probate and handle it via a small estate affidavit. An attorney... Read more »

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1 Answer | Asked in Family Law for Tennessee on
Q: My mom is in a nursing home. She has dementia. I have conservatorship and Power of attorney. Can I sell Her truck?

I don’t have room to

Continue to store it at my house and the funds would be helpful with any expenses later on for her.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 31, 2022

Since you have a Conservatorship, move the Court for authority to sell the Ward's property.

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Libel & Slander for Tennessee on
Q: My ex filed a bogus temporary protective order for “stalking” however I haven’t been served, will it just fall off?

She took our child and moved out of state for another guy. In desperate need of wanting a single bit of information or form of contact, I reached out to her family members, friends, and I emailed her as well. Yes we have exchanged mean argumentative emails however I just wanted to know the... Read more »

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Jul 28, 2022

It won't fall off I highly suggest handling it.

1 Answer | Asked in Family Law and Probate for Tennessee on
Q: If my nephew owes legal restitution in tennessee and is about to inherit money can the courts take his inheritance?

My nephews grandfather passed and he inherited money can the courts take it?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 21, 2022

Yes...Nephew needs an attorney, and maybe this could end supervised probation.

1 Answer | Asked in Immigration Law and Family Law for Tennessee on
Q: how much does it cost to get the help I need as us citizens for my wife to get her adjustment of states as a student

marriage green card

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 17, 2022

A US citizen can sponsor his wife who entered the country on a student visa, and thereby adjust status to get a green card. This is true even if your wife is currently out of status. Any lawyer from any state can represent both of you in this process. Some of us handle these types of cases on a... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can i file contempt of court on my ex husband for not letting me get our daughter on my weekends?

I am suppose to get our daughter the 3rd weekend of every month an since February 2022 he has blocked me from having any contact with her an want let her come. I believe they have moved to North Carolina also but im not forsure.

Bennett James Wills
Bennett James Wills
answered on Jul 5, 2022

If he has violated the court's orders, and moved without following the procedure in the statute regarding moving, then you could seek contempt. You are also allowed uninterrupted phones calls with the minor during your non-custodial time by statute. Consult local counsel to see whether you can... Read more »

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: What about modification of a temporary parenting plan?

I have an agreed order with 2-2-3 schedule while living with spouse during divorce. I want to move out and ask the court for primary custody.

Bennett James Wills
Bennett James Wills
answered on Jun 29, 2022

The procedure would be to file a motion seeking that kind of relief. But any major life change like moving needs to be done by an appropriate court order. You would be wise to hire counsel to assist in this process.

1 Answer | Asked in Estate Planning and Family Law for Tennessee on
Q: Can a notary notarize my will and be one of the 2 witnesses?

We went to the bank during COVID to have our will notarized; there were only 2 people at the bank therefore, the notary notarized it, signed as a witness and the other person was the 2nd witness. Is this valid/legal or do I need to have it redone? We drew up the will ourselves online.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 7, 2022

Will execution must be perfect and you will need a competent attorney. The need for Probate must be examined first, then you plan your Estate. Otherwise after you die it will be a mess, and the proposed document will be thrown out.

1 Answer | Asked in Family Law and Adoption for Tennessee on
Q: Where do I get the forms to file for adoption for a stepparent?

The person that is listed on the birth certificate has not been in her life for 6 years, no contact, no child support nothing. How do I go ahead and file this?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 7, 2022

Adoptions are usually complicated. You will need to hire a competent attorney and have all the contact information for all interested parties. Your case probably involves termination of parental rights.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Tennessee on
Q: how do i fight a petition for partition sale My mother is forcing me to sell this home.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 6, 2022

Hire a lawyer to search the title, and determine ownership and encumbrances. There may be no defense to a sale, except a possible partition in kind.

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