Tennessee Questions & Answers

Q: Is there any way that I can get a pro bono lawyer somewhere

1 Answer | Asked in Uncategorized for Tennessee on
Answered on Apr 16, 2019
Timur Akpinar's answer
Contact the Tennessee Bar Association.

Tim Akpinar

Q: What happen in 2026 to large gifts made in 2019?

1 Answer | Asked in Estate Planning and Tax Law for Tennessee on
Answered on Apr 16, 2019
Bruce Alexander Minnick's answer
No one on this planet could possibly answer this question. You are seeking a definitive answer to a question about death taxes, which are subject to legislative change day by day--at the whim of those in power in Washington. Why worry about things that may or may not happen between now and the year 2026--when you have plenty to worry about today.

Q: In the state of Tn if charged with domestic assault do u have to serve a mandatory 30 days on first offence

1 Answer | Asked in Domestic Violence for Tennessee on
Answered on Apr 15, 2019
Cynthia A. Sherwood's answer
No. There is no mandatory time on a domestic assault charge in Tennessee. This is a serious charge, however, with serious consequences, such as loss of the right to possess a weapon for the rest of your life in addition to the stigma of such a charge. You should hire an attorney immediately.

Q: Girlfriend 6 years both on deed of house in Tennessee. Bought at 60k. She is dying. Her children want money

2 Answers | Asked in Real Estate Law for Tennessee on
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
Not sure of your question. But boyfriend can stop making payments on the Deed of Trust and let the other Owner's Kids make payments. If she dies he is the Surviving Tenant By The Entirety, subject to the Deed of Trust. If he predeceases her, then she takes title fee simple, subject to Note and TD. If Note is not paid, Foreclosure will occur an d Detainer will remove both from house. He could also offer to sell his interest for a price, then kids take his Survivorship Interest subject to the...

Q: My son is 27 child support has been getting paid out of pay check but they still take my income tax return.

1 Answer | Asked in Child Support for Tennessee on
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
Child Support bureaucrats will always claim you are behind. But you should not be generating Tax Refunds. Claim at least 1 if not 2 Exemptions on your W4. You lawyer should have told you this a long time ago. Tax Refunds are bad almost always.

Q: Under 1 year lease landlord sells house new owner wants to dishonor lease completely and increase rent

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
If you want you can continue in possession any pay the current rental. However the Owner my file a Detainer Warrant to run you out. You would use the current Lease as your defense. However you need to find a new place to live, as the new Owner may come into your home, cut utilities, etc.

Q: I am confused on excessive force and unlawful search and seizure how does it constitute response to resistance only?

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
You may have a Government Tort Liability Action against the City/County and the Law Enforcement Agency. Contact a competent attorney to file suit, which is not a Jury Trial. However you may not have enough damages nor evidence. You have less than 1 year to build your Case and find an attorney.

Q: Being sued by previous car lender, with issues.

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Probate for Tennessee on
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any Bank Accounts.

Q: Does a 30 suspended jail sentence stay in your permanent record?

1 Answer | Asked in Criminal Law and Animal / Dog Law for Tennessee on
Answered on Apr 15, 2019
Mr. Kent Thomas Jones Esq.'s answer
You can't make a determination simply on those facts. If it is pre-trial diversion, because the individual didn't have a prior record, then they probably have the capability to apply to have it expunged at the end which would take it off the record. If it was not a pre-trial diversion situation, i.e., there have been prior convictions, then it is possible that it could go down on the record forever if it was a conviction or plea of guilty. You really need to consult with an individual...

Q: I recently filled my perscription. After taking approx 80 percent I noticed the wrong name in script

1 Answer | Asked in Personal Injury and Family Law for Tennessee on
Answered on Apr 15, 2019
Timur Akpinar's answer
You could consult with a Tennessee attorney as to the merits of such a case. The attorney would likely want to know the injuries you suffered, particularly if there was permanence. Based on the damages at hand, you and your attorney could discuss whether it would be viable to pursue the matter.

Tim Akpinar

Q: is discussing local news that involves someone at work classifiable as gossip and fire able offense.

1 Answer | Asked in Employment Law for Tennessee on
Answered on Apr 14, 2019
Mr. Kent Thomas Jones Esq.'s answer
I think that you have partially answered your own question. Generally speaking, Tennessee is an employment-at-will State, which means that you can get terminated for any reason or no reason at all, so long as the reason is not illegal or you are protected by contract. Examples of "illegal" activity include, but are not limited to whistleblowing (i.e., turning in the company for illegal activities), being terminated for filing a workers' compensation claim, race, age, sex or religious...

Q: How can I get my sister to move out my house. She has been staying with me for almost four years she doesn't pay any

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Apr 13, 2019
Anthony Marvin Avery's answer
Unfortunately you must file a Detainer Warrant against her in General Sessions Court. She can be served personally or it can be posted on the door. You are trying to get a Judgment for Possession, not rent. If she does not leave after 10 days, you must request the Court issue a Writ of Possession. It would be better to hire an attorney to do this. Do not get into an argument, but ignore her. Otherwise she will throw you in jail and have leverage. You must file this now or you may have a...

Q: What to do abut my husbanD assault me an one of our children and the judge gives him temporary custody

1 Answer | Asked in Child Custody, Criminal Law and Divorce for Tennessee on
Answered on Apr 13, 2019
Mr. Kent Thomas Jones Esq.'s answer
At this point in time, your case is far more factual than legal. On this question and answer forum, we attempt to help individuals by providing simple explanations about the law. Your issue needs the attention of local counsel, who can ask you the appropriate questions to communicate with the judges and other officials involved to resolve the crisis in your favor. You have a constitutional right to counsel. If you cannot afford an attorney, one can be appointed for you.

Q: Can an executive evict a heir of the estate who has been living there 16 years While it's in probate?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Apr 12, 2019
Anthony Marvin Avery's answer
Your Father is not in a good position. Apparently there is a Will in Probate, so he may not be an Heir-At-Law. In fact it may be the Executor's Duty to sell the real property and distribute the proceeds, so you must read the Probated Will. He could possibly file a Claim Against the Estate, but this would be a very weak suit. If a Detainer Warrant is filed, he should assert the SOL, but he does not want to be in contempt of the Probate Court. A Title Search may disclose it was not the...

Q: If I had a court date an wasn't able to make it cause I was in the hospital but the court was notified in time

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Apr 12, 2019
Anthony Marvin Avery's answer
Even if you die, missing Court is not okay, and that is the way it is. Hire a competent attorney to set aside the probable Default Judgment, and set it for a firm Trial Date. Your time is very limited, so do it Monday. Get prepared for Court and actually try your Case, with no excuses.

Q: Can your arresting officer contact your employer and inform them of your arrest and reason for arrest?

1 Answer | Asked in Employment Law, Personal Injury, Criminal Law and Traffic Tickets for Tennessee on
Answered on Apr 12, 2019
Anthony Marvin Avery's answer
Yes, most certainly. If the Officer lies then slander may occur on possibly a personal level, as well as by the Department.

Q: After signing closing papers on a home. The seller was told to write a check to the new owner for repairs? WHY?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Apr 12, 2019
Anthony Marvin Avery's answer
You better read the Sales Con tract, which is the place where the purchase price and any setoffs should be listed. There may be realtor fraud. Also read any and all closing documents such as the Settlement Statement with all the money figures. It does not appear that you all have any idea what went on. Then hire a competent attorney to possibly sue. Then again the Seller may have agreed to all of this.

Q: Divorce case circa 1987, wherein one spouse has writ he is entitled to 40% of sale price for home in Huntsville, AL.

2 Answers | Asked in Divorce and Elder Law for Tennessee on
Answered on Apr 10, 2019
Anthony Marvin Avery's answer
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. There are many such divorce decrees attempting to order the disposition of real property in other states, but such terms are void for lack of subject matter jurisdiction.

Q: Can a dog catcher have me arrested if my dog bit someone in my yard and I don't want to give him my id for a cition?

1 Answer | Asked in Animal / Dog Law for Tennessee on
Answered on Apr 10, 2019
Anthony Marvin Avery's answer
The Officer could have taken you to Jail to start with. The Citation is given as a Summons to Court. But if you refuse the Citation, you can be arrested instead. It would have been better to take up your Case in Court, but now you may have several more Animal Charges brought against you. Be prepared to post Bond and hire a competent attorney, and find a Witness to the Dogs not attacking anyone.

Q: Does drug free zones have to have a sign posted stating that it's a drug free zone? Or how does a person suppose to know

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Apr 10, 2019
Cayley Turrin's answer
Well one way to know is to not sell drugs but if you are going to then make sure that you are not within 1000 ft near a daycare, school or childcare facility. No signs need to be posted.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.