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Tennessee Family Law Questions & Answers
1 Answer | Asked in Civil Rights and Family Law for Tennessee on
Q: Can I get emancipated at the age of 16 without my parents consent
John Michael Frick
John Michael Frick
answered on Feb 12, 2023

Yes you can. It will be quite a bit more expensive, but it is possible. You need to demonstrate that you are financially and socially independent.

In most cases, teens seeking emancipation are actors or singers or athletes or inventors or entrepreneurs. If your parents object, the...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: If my Great uncle passed in 2005 and states that he left no heirs could I step up and claim

A partition has been done[2023]. I'm 40 years old born in 82 and uncle died in 2005.

Anthony M. Avery
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answered on Feb 6, 2023

If you believe you are an Heir, then move to intervene in the Partition Suit immediately. Apparently the Plaintiff does not think you are one of the Heirs so he did not sue you. Be prepared to prove you are actually an Heir under the Intestacy Statute.

1 Answer | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: What do I do about my husband's death without a will in TN?

What is probate and is it required in TN?

Nina Whitehurst
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answered on Jan 16, 2023

If everything your husband owned was owned jointly with you, then most likely it was owned as tenants by the entirety and you are now the sole owner by operation of law. Most of the time all you have to do to remove your husband's name from those titles is provide a death certificate to the... View More

1 Answer | Asked in Family Law for Tennessee on
Q: How to change the last name of my 5yr old. She has my ex husbands last name but he is not the biological father

Needing to change the last name of my 5 ur old daughter. She has my ex husbands last name but he is not the biological father. No father is listed on her birth certificate. How do I go about getting this done?

Bennett James Wills
Bennett James Wills
answered on Jan 11, 2023

In Tennessee you would file a petition with the chancery court in the appropriate county and serve notice on any interested party. Typically, the chancery court clerks have forms you can fill out; but not always. Contact the clerk in your county to see if they have forms. Or consult counsel to... View More

1 Answer | Asked in Estate Planning, Family Law and Civil Litigation for Tennessee on
Q: Out of three beneficiaries can one of them be the trustee

My aunt has weaseled her way into being the trustee because the original trustee not one of the beneficiaries turned it down and named her. My aunt named her husband as her successor trustee and her husband named the original trustee who turned it down.

Anthony M. Avery
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answered on Jan 4, 2023

Who created the Trust? The Settlor appoints his Trustee/ Successors in the Trust. Have you read it? The Trustee may be able to appoint his Successor. Are you a Trust Beneficiary? If not, you lack standing. Otherwise you can file suit in Chancery for an Accounting, Removal For Cause, etc.... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Tennessee on
Q: In Tennessee, what does it mean for the survivor if the deed shows "tenants in common with the right of survivorship"?

This is for an unmarried couple who own a home together. Will the heirs of the deceased have any rights to the home?

Nina Whitehurst
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answered on Jan 1, 2023

It means that if one of the tenants in common passes, the surviving tenant in common will become the sole owner of the home by operation of the survivorship interest without having to go through probate or any other kind of legal process. The heirs of the deceased would have no claim to the home.... View More

1 Answer | Asked in Family Law, Domestic Violence and Criminal Law for Tennessee on
Q: I slapped my 20 yr son across the face during an argument and got charged with domestic assault X 2 for daughter too

Yet I never touched my 19 yr old daughter. Any advice?

Anthony M. Avery
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answered on Dec 12, 2022

Domestic Assault is a very serious offense, worse than some Felonies. Hire an attorney to prepare for a Preliminary Hearing. This is a public forum. Do not contact your Son under any circumstances. Diversion, Dismissal and Expungement should be sought if not Dismissed initially.

1 Answer | Asked in Family Law and Criminal Law for Tennessee on
Q: without a search warrant cops got a name and number off cell when it rang. Is that legal?

After arrest cops took cell into office and when it rang they got a name and phone number off it and portal this person. I have it on audio recording as well as them talking horrible about my physical looks and kept us 25 mins before drug dog came. i have 3.5 hrs of info including arrest and bad... View More

Anthony M. Avery
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answered on Dec 7, 2022

Hire a competent attorney to file a Motion To Suppress Evidence. The pat down and inventory subsequent to arrest are probably legal, but you can try, especially if such information is critical. Time for a new phone and number.

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
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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... View More

1 Answer | Asked in Family Law for Tennessee on
Q: I just received a letter that I was being found substantiated for comiting child abuse or neglect for drug exposure

What am I to expect what should i do

Anthony M. Avery
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answered on Apr 19, 2024

Your facts seem confusing. But you definitely do not want to talk to anyone about any kind of child abuse except an attorney. It may be time for a new phone, and definitely do not use illegal drugs. Hopefully you will not be charged, but be ready to make bail and hire an attorney.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can a lawyer notarize a document he was paid to draft and file on behalf of his client ?

In a parental agreement ejudication

Anthony M. Avery
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answered on Apr 15, 2024

Yes

1 Answer | Asked in Family Law for Tennessee on
Q: Will I be arrested by police in hotel if caught by police during extra marital affair?

Our partners does not know this however we are trying to check if police can raid our room if so how can we handle it?

Anthony M. Avery
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answered on Apr 1, 2024

No raid and arrest for sex. But if criminal activities occur, then yes.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Can you "convert" a common-law marriage to a legal marriage? Will a legal marriage "nullify" a common-law marriage?

My husband and I received a Certificate of Informal Marriage in Texas in 2018, with no explanation of how it was different than a legal marriage. Through my own research, I realized that we are actually in a common-law marriage, and how that's different than a legal marriage.

In 2022... View More

Anthony M. Avery
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answered on Mar 11, 2024

Common Law Marriage is not recognized in Tennessee...

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: What do you do when you can not get in touch with a lawyer you have already hired?

Hired for Georgia Child Support not Tennessee.

Anthony M. Avery
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answered on Feb 26, 2024

You will need to post in GA not TN. And try all possible methods of contacting the attorney. You may need to hire another attorney as your case will be in jeopardy.

1 Answer | Asked in Criminal Law, Family Law and Child Support for Tennessee on
Q: I have two left charges under $340 in total. Schedule 4 and 6 charges also. One place I worked there. Family law too
Anthony M. Avery
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answered on Feb 26, 2024

What is your question?

1 Answer | Asked in Family Law for Tennessee on
Q: How do I change the date on my birth certificate that’s clearly incorrect?

My birth certificate says 2/29 there was no leap year that year, so the date will not go into a computer. Back when I got my first drivers license they put 2/28. Now that real ID is becoming a thing for flying and to obtain a passport I really need to get this corrected. I am currently in TN but... View More

Anthony M. Avery
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answered on Feb 19, 2024

You will probably need to get a NV attorney in the Las Vegas area to file an action in Court to change that mistake to the 28th or 1st. It will probably be expensive and require your appearance in

Court.

1 Answer | Asked in Family Law and Adoption for Tennessee on
Q: Hi how do I as a 31 year old get adopted by new parents? My biological ones don't want me they made that clear.

They are also trying to take my son through the court

Anthony M. Avery
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answered on Jan 29, 2024

New parents need an attorney to put together an adult adoption. It is not simple as real parents must have their rights terminated if not agreed to. Your son is a separate custody matter.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have rights to our home if only my husband's name is on the deed?

husband and I got married in 2007 we then sold our house in 2015 making Anough to purchase our home paying cash 2016. In 2019 he asked me to leave in which I did but with only a bag of clothes. Our two kids stayed with him as I didn't have a stable place for them to go. We have remained civil... View More

Anthony M. Avery
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answered on Jan 25, 2024

Was there a reason you gave money to to the seller to purchase the home in only his name? There might be a resulting trust, or you might be entitled to the appreciation in value during the marriage in a divorce action. Consult with an attorney to see what you want to do, and also search the... View More

1 Answer | Asked in Divorce, Family Law and Appeals / Appellate Law for Tennessee on
Q: Can you file a motion for pendente lite relief in the court of Appeals in TN while you are appealing your divorce?

The trial judge completely ignored my request for pendente lite relief during my divorce proceedings and denied me alimony.

Anthony M. Avery
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answered on Jan 8, 2024

No and the denial of alimony is one of your issues on appeal. Your lawyer needs to get busy drafting the appellate brief.

1 Answer | Asked in Family Law for Tennessee on
Q: Dear Esq., My nephew stole family property. I filed suit. He gets a Temp. Retraining order. How can I serve him papers

if I have restraining order. What should I file to get this order set aside until our mid Jan. hearing on the stolen property? Gena

Anthony M. Avery
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answered on Dec 14, 2023

Rarely would any TRO prohibit filing suit or service of process. Unless TRO specifically says this, your lawyer should get him served. If TRO actually prohibits a suit and process, which I doubt, then you have to go to the Court which issued the TRO and ask to modify it.

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