Tennessee Questions & Answers

Q: Can judge order heirs to bring back personal property they took after dad died ? No will ,but now have admin of estate ?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Feb 7, 2019
Leonard Robert Grefseng's answer
Yes, the judge can order that and more importantly, the administrator of the estate has a DUTY to try and recover the lost assets. Consult an experienced probate/estate lawyer asap for specific advice on your situation, this is not something you can do without a lawyer. The legal fees are a priority expense of the administration.

Q: Parents defaulted on mortgage in TN. Bank now wants to sue them for different of short-sale, they have no money to give.

2 Answers | Asked in Foreclosure and Real Estate Law for Tennessee on
Answered on Feb 6, 2019
Anthony Marvin Avery's answer
You should not have sent them any further financial and asset information. The Bank will sue them for the Note Deficiency, which will include alot of penalties and attorney fees. After the Bank gets a Judgment, it will use the information to execute on your Parents' assets. They should start protecting their assets now, and possibly hire a competent attorney to advise them about collection methods and exemption rights.

Q: Can you drop off students in a no-parking zone in a neighborhood beside a school?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Feb 6, 2019
Anthony Marvin Avery's answer
It is not legal for you to park there, much less halt briefly, and let out or pick up a passenger. However a Parking Citation is rarely a Rule of the Road Violation, so it does not go on your Motor Vehicle Record for the last year. You do not acquire points against your Driving License.

Q: I am looking for information on how to obtain my Pre sentence investigation report from 2001.

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Feb 6, 2019
Lawrence James Arnkoff's answer
I am assuming from your question that you have a federal conviction.

If so your PSR should be available at the U.S. probation office

in the district your were sentenced. Also the attorney who represented

you at the time should have a copy. If that fails you could file a pro se

motion in that court asking the Judge to have the clerk of the court

release a copy of the PSR to you. Since it is not public record the clerk

cannot release it without a...

Q: My mother-in-law in Tennessee has been diagnosed with dementia. My husband’s sister was immediately given either a

1 Answer | Asked in Family Law and Elder Law for Tennessee on
Answered on Feb 5, 2019
Leonard Robert Grefseng's answer
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 decide if your mother in law is indeed competent. ( What does her doctor say about that?) In summary, this I snot something you should try to handle yourself. Consult an experienced elder law attorney for more...

Q: I have been ordered to pay my public defender $200.00 if I fail to pay can I be arrested and jailed until I pay him?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Feb 4, 2019
Mr. Kent Thomas Jones Esq.'s answer
It really depends on the circumstances and the nature of the order. If he has already defended you, and your case is over, then it seems like more of a civil debtor/creditor situation; however, with a direct order from the criminal court, it is probably more, so arrest is a possibility. You can usually get $200 just about anywhere. I would suggest paying him or her.

Q: What can you do when someone makes false domestic violence reports to police?

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Tennessee on
Answered on Feb 4, 2019
Mr. Kent Thomas Jones Esq.'s answer
That is a difficult issue; however, it is one that occurs regularly. The accuser does something physical to you then calls the police and states that you have done something to him or her. You may get arrested. It is important to document the details of the situations and have witnesses and pictures if possible. If you go to court without an attorney and he or she shows up to prosecute, then it will be difficult to dig yourself out of the situation, especially if you have a criminal record...

Q: If I voluntarily went to the police station for interview for being accused of a crime and my rights weren’t read...

2 Answers | Asked in Criminal Law for Tennessee on
Answered on Feb 3, 2019
Mr. Kent Thomas Jones Esq.'s answer
Miranda rights are procedural in nature. If they are not given, that does not necessarily mean that you cannot be proven guilty, but, yes, statements can be thrown out.

Q: if I'm arrested and not read my miranda rights can the court still convict me?

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Answered on Feb 1, 2019
Anthony Marvin Avery's answer
Yes if they have sufficient Evidence to present to the Court outside of what you verbally told the Officers. The Miranda Case only concerns Testimonial Evidence you give against yourself, not any other Evidence.

I have no idea what the Waiver is that you are talking about. That is not a Statute in Tennessee, but it might be a City/County Ordinance or a Local Court Rule. You should hire a competent attorney now.

Q: can someone take pitcure of your house or your proputy with out asking

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Tennessee on
Answered on Feb 1, 2019
Anthony Marvin Avery's answer
Yes as long as they do not physically trespass upon your real property.

Q: In Tennessee is it legal for a police officer to post surveillance camera footage from a home security camera

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Answered on Feb 1, 2019
Cayley Turrin's answer
It is legal. Unfortunately it is very unfair and puts that person in a bad light that may not have done anything wrong but it is allowed.

Q: Is there a chance a good lawyer can prove no consent to search was giving if the officer had, no video of traffic stop

2 Answers | Asked in Criminal Law for Tennessee on
Answered on Jan 30, 2019
Mr. Kent Thomas Jones Esq.'s answer
Yes. If there is no evidence of something like a broken taillight or lights being turned off when it is raining or dark, then it is possible that a good lawyer can disprove that the condition occurred.

Q: The lease agreement stated we would be liable for the remainder of the rent due unless a new tenant was found.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jan 29, 2019
Leonard Robert Grefseng's answer
It's hard to say precisely without reading the lease agreement, but generally, you are only liable for the costs of re-renting the unit and the amount of rent due during the period of time the unit was vacant. The landlord cannot collect the rent for one unit twice.

Consult an experienced real estate lawyer for advice on your specific situation.

Q: Is price fixing illegal in Tennessee?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Jan 29, 2019
Michael Hales' answer
Although I'm not a TN attorney, I imagine that this is simply one of the terms of use for selling on the website, taking this outside the realm of price fixing. Your parents can sell it for $1 (and can advertise elsewhere for that price), but they can't list in on the website for that amount.

A while back, I wrote an article about timeshares for my state bar that you may find helpful. You can access it at: https://skidmorehales.com/article

Q: what is meant by nature and amount of the lien sought to be fixed

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Jan 28, 2019
Anthony Marvin Avery's answer
Whatever authority created the Lien (Judgment, Statute, Voluntary Contract, Mechanic & Materialmen, Tax, etc.) must usually be carefully stated. The Date of creation is always important. Fraudulent Liens can be prosecuted upon and/or set aside by the Courts. And of course the amount of the Lien on a certain date must be stated.

Q: with no video or picture eveidence on a charge of burglary 2nd degree how good are the chanches of not going to jail ?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Jan 28, 2019
Anthony Marvin Avery's answer
You have not stated sufficient facts, much less what the State has. Hire a competent attorney now and prepare for either a Preliminary Hearing or

Discovery and Trial, depending on where you are at in t his prosecution.

I would at least read the Warrant to see what the Officer/Affiant claims happened.

Q: Is there anything I can do to get my money back? Especially since I have him stating in writing that he would?

1 Answer | Asked in Contracts for Tennessee on
Answered on Jan 28, 2019
Anthony Marvin Avery's answer
I doubt your writing is a Note, but it can be part of the Evidence to sue upon an "Account Stated" in General Sessions Court. You need to file a Civil Warrant, have it served upon him, and then try it. Collection upon a Judgment its the hard part, and I suggest hiring a competent attorney to collect after you get a Judgment. If it is not enough money involved then forget about it.

Q: Can I hold tenant liable for damage they caused to my home? (rental property)

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jan 28, 2019
Leonard Robert Grefseng's answer
Yes, "normal wear and tear" are not recoverable, but you can recover for damages which exceed that. Take lots of pictures before an dafter the repairs are made. If you hold a security deposit, you should try to schedule an inspection of the property with the tenants BEFORE you refund any portion of the deposit. They might agree to allow you to keep the deposit in lieu of paying for the damage repairs.

Q: I have 3 siblings besides myself, our father passed away in May 2018 , no will.

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Jan 26, 2019
Anthony Marvin Avery's answer
Under the laws of Intestate Secession each of you owned one fourth each of his properties at death. It appears that your Father knew what he was doing and did not want Probate. It is up to the Creditors if they want to Probate his Estate, but this is very rare. Even then it would be very difficult for them to get paid and not all Creditors would file Claims.

Q: Codes and regulations writ of possession of personal.property in Tn

1 Answer | Asked in Domestic Violence for Tennessee on
Answered on Jan 25, 2019
Anthony Marvin Avery's answer
I am not sure what you are asking about. But the simplest Cause of Action to obtain your personal, non-real, property, is to file an Action to Recover Personal Property in General Sessions Court. This can often be filed without an attorney, but you must be prepared for any defenses or title problems. A Bond may be required by the Judge before he issues it, and the Sheriff may request your assistance in identifying the property to be seized.

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