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Tennessee Questions & Answers
1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: My husband died June 6th 2020 at Trousdale.. because no medical attention.. could I please join the families in this

June 6th 2020 there was a massive fight and guards fearful off their life and under staff medical team

My husband got hit in the chest and medical attention took their time getting to him fearful of their own life. They said he died of heart attack but this is not sitting right with me .

Seamus Kelly
Seamus Kelly
answered on Oct 10, 2024

First, condolences for your loss. I'm afraid your past the statute of limitations, or time limit, to bring a lawsuit, as wrongful death needs to be brought within one year of the date of death. To the extent the committed fraud to cover up the cause of death, you may be able to restart the one... View More

1 Answer | Asked in Car Accidents for Tennessee on
Q: Daughter was in a wreck (other party is 100% at-fault)

At-fault party's insurance is State Farm who I have been fighting with over valuation (they decided that her car should be totaled). They are way off of what local comp value is locally. I asked for additional compensation for loss of use and economic damages, but they blew me off and... View More

Seamus Kelly
Seamus Kelly
answered on Oct 10, 2024

There's nothing wrong with you contacting the direct party, but I'm not sure it will be worth your time. Most people are just going to defer to their insurance, and I doubt the adjuster is offering anywhere close to their policy limit, so it's just going to circle back to the... View More

1 Answer | Asked in Probate for Tennessee on
Q: Hi. I inherited a house in TN. I am the personal rep and sole beneficiary. There is no money for the estate account yet.

When my mother passed recently, she had a loan and credit card that totaled about 22K. Around 100K mortgage remains on the house, and I am making payments as a Successor in Interest. I plan on having an estate sale to help fund the estate account. It may not cover all of it. I live in another state... View More

Anthony M. Avery
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answered on Oct 9, 2024

If you have not filed for Probate, then do not without the advice of counsel. You probably do not need to, which will attract creditor claims. Hire a TN attorney to search the title, determine heirship and record an

Affidavit of Heirship. As one of the owners, or the owner, you can...
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1 Answer | Asked in Estate Planning for Tennessee on
Q: What is a "non statutory, non grantor,irrevocable, discretionary,complex, spendthrift" trust? Social media scams?

I'm seeing a lot of social media "gurus" tout this specific language when referring to set up a trust. They say a lawyer cannot set these up and the only way to sue the trust is in the supreme Court.

It's very obvious that this is a scam but without a legal background I... View More

Nina Whitehurst
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answered on Sep 29, 2024

The IRS released a memo on August 9, 2023, discussing non-grantor, irrevocable, complex, discretionary, spendthrift trust.

The memo was limited to rebutting the promoters misinterpretation of IRC 643 on the avoidance of income tax. The link to the memo is below....
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1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Traffic Tickets for Tennessee on
Q: Do you have to pay parking tickets issued by a public university? What can they do if you don’t?

I’ve received a few parking tickets from the University of Tennessee. I was wondering what would happen if I don’t pay them and if there are any repercussions to not doing so.

Anthony M. Avery
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answered on Sep 25, 2024

Parking Tickets are rarely moving violations, so do not go on your MVR. You can be sued for the money, and if the same Court that hears your Parking Tickets also has a Rule of the Road Violation before it, you will have to pay the Parking Citations prior to dealing with the other Offenses cited.

1 Answer | Asked in Estate Planning, Health Care Law and Elder Law for Tennessee on
Q: My MIL lives with me in TN and has property in NC that is not habitable. Is property protected asset with medicaid

She is in need of long term facility care.

Nina Whitehurst
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answered on Sep 19, 2024

If the property your MIL owns in NC is in her name, it would be a countable asset for Medicaid qualification purposes and would most likely be disqualifying. However, there are techniques that can be used to obtain Medicaid qualification while still owning the property and trying to sell it. An... View More

1 Answer | Asked in Business Law for Tennessee on
Q: i am looking to sell my llc and my partner is under the assumption he will get back all of his initial startup costs

before our percentage split is this true as we dont have an operating agreement

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 3, 2024

The sell and distribution of proceeds would be controlled by statute. The statutes that deal with this are more complex- and this is a simplification: If someone is buying the entity - creditor's claims would be dealt with first. After paying creditors if there are funds left over - any... View More

1 Answer | Asked in Divorce for Tennessee on
Q: When getting a divorce and both parties names are on the deed can one them make the other one move out

We bought a double wide mobile home together and put it on my wife mother's property and now she wants me to leave and the mobile home is payed for can she force me to take the money she is offering

Anthony M. Avery
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answered on Sep 1, 2024

You made an improvement to someone else's real property. That is called a gift. Your lawyer can argue for an equitable distribution. It sounds like you are not on the deed. You might argue to move and sell the MH, but it probably will not be worth it. You might ask for alimony if... View More

1 Answer | Asked in Foreclosure for Tennessee on
Q: My home was sold at a foreclosure sale. It sold for 246,000.00. My home and 250 acres on a river.

The person who bought it just sold it for 1.3 million dollars. I have been searching irregularities in foreclosures and found that if the sale price is significantly lower that the value, it could possibly be challenged. I am in Tennessee.

Anthony M. Avery
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answered on Aug 30, 2024

That would be an uphill climb to claim it shocked the Court's conscience. You might look for an attorney to file it, but it is doubtful. The foreclosure sale is what you would attack, not the later sale. So time is running against you. Foreclosures must be enjoined before the sale... View More

1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: In Tennessee, are motor vehicles legal in rivers?
Tim Akpinar
Tim Akpinar
answered on Aug 30, 2024

A Tennessee attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, you could check with your state's DMV or recreational, boating, or public safety agencies. If you mean to enter briefly to launch a vessel from a... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: Currently paying child support and my ex wife doesn’t follow along with the PPP

My daughter is currently in kindergarten on a scholarship for her private school, but before this, I was paying child support AND my daughter’s tuition. Since she has gotten this scholarship, I no longer have to pay tuition. I have sent in my updated pay info to the state of TN, and have yet to... View More

J. Ryan Johnson
J. Ryan Johnson
answered on Aug 29, 2024

If someone’s not sticking to the parenting plan, there are two ways to handle it. One’s pretty straightforward, the other’s a bit more flexible.

First up, contempt of court. If they’re breaking the rules, they could face up to 10 days in jail for each violation.

Second, you...
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1 Answer | Asked in Child Support and Family Law for Tennessee on
Q: Ive ben legally married for almost 12years,and have a 10yo daughter with him.However I have not ben with him in10

of the yrs.Hes seen our daughter 5-6times tops then just stopped showing up,dont even call to check on her or on holidays.Hes NEVER given me a dime,not even when pregnant.He has a child with someone else witch she dont let him see him bc the baby(3/4yo)came home with bruises from a visit wit... View More

J. Ryan Johnson
J. Ryan Johnson
answered on Aug 27, 2024

You can seek child support from someone you are married to if you're living apart.

It would be better for you for him to file his takes so you can intercept his returns for unpaid support.

If he goes on disability, there should be an additional award for the child with a lump...
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2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested for DUI in TN. I take a few prescription medications that could be sedating. What are the maximum charges

Clonazepam for sleep, Lyrica for pain, and a intrathecal medication pump that contains fentanyl.

Anthony M. Avery
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answered on Aug 19, 2024

Hopefully you did not submit a blood test. Those drugs will show up and will be insurmountable unless it was an illegal stop. If 1st offense, 11 mo/ 29 days in jail, $350 fine and costs. DUI is an expensive crime. You will probably serve 48 hrs but lose your DL. Blowmeter may be an... View More

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2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested for DUI in TN. I take a few prescription medications that could be sedating. What are the maximum charges

Clonazepam for sleep, Lyrica for pain, and a intrathecal medication pump that contains fentanyl.

Daniel Woodard
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answered on Aug 26, 2024

In Tennessee, the statute for DUI generally requires the state to prove 3 things: (1) that you were driving or in physical control of any automobile, (2) that you were on any of the public roads and highways of the state, and (3) you were under the influence of a substance or combination of... View More

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1 Answer | Asked in Contracts for Tennessee on
Q: hello,I received a letter in the mail. from a lawyer.

It's a motion to renew,extend and/or revive a judgment (against me)for an additional ten yrs. I have no idea what the judgment is for. My husband and I did a bankruptcy way back when, I can't even remember when it was. And as far as I know no one fought it. It says I have thirty days to... View More

Anthony M. Avery
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answered on Aug 19, 2024

Get out your bankruptcy petition and see if the creditor was listed as a scheduled debt. If not, it was not discharged. You need to look at the Judgment which is probably a lien against you of record at the Register of Deeds. If the Judgment is legitimate, then there is no defense to the `10... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I be sued if I never had a lease agreement and have not lived on the property since 2019?

I lived in a fairly run down trailer that I rented from my grandmother in 2016-2019. I have had trouble with employment and my grandmother let me live there for basically nothing if I helped her with her yard and then when my grandfather became ill I took care of him. She counted this as work/... View More

Anthony M. Avery
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answered on Aug 15, 2024

It appears that you did not defend yourself in Court. Sessions Judgment can be appealed de novo to Circuit within 10 days, or its final. If final, then Judgment Creditor will try to collect against you and you need advice from a lawyer about exemptions and asset protection. If not final, file... View More

3 Answers | Asked in Probate for Tennessee on
Q: I recently received a phone call from a lawyers office in California telling me my grandmother passed away

The lawyer told me I had to fill out paper work before they would disclose any info about the probate case. The paperwork turned out to be a bond waiver. Do I sign the waiver and how can I find out info on the case and the parties involved

Nina Whitehurst
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answered on Sep 8, 2024

You don’t HAVE to sign the bond waiver. If you trust the proposed executor then signing the bond waiver helps the case move along more quickly and cheaply meaning more money left over after expenses for heirs to inherit. But if you do not trust the proposed executor then you should not sign the... View More

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: How can I help with getting domestic violence charges dropped as the victim

My boyfriend and I got into a physical argument, he broke down the bathroom door and I bruised his shoulder. I contacted the police because I wanted the situation to be deescalated, we have never gotten into anything like this before. Obviously, he got charged with DV. We have a 2 month old at home... View More

Anthony M. Avery
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answered on Aug 13, 2024

DA is worse than some felonies, especially in Knox Co. Boyfriend needs an attorney. He should not plead guilty to DA under any circumstances except there is Diversion, Dismissal and Expungement. Period...

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Do I need to find & notify all possible relatives?

My cousin passed in 2019. I'm the only one taking care of his property & house. Do I still need to get a lawyer to find lost relatives, etc. in order to proceed with legalities to sell his place before the house gets run down too much. His parents are deceased, he had no siblings, never... View More

Anthony M. Avery
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answered on Aug 5, 2024

You are correct about hiring an attorney to establish heirship and selling the property. Also keep taxes paid and ask for reimbursement for your expenses later although there is no right to recover them. The Affidavit of Heirship will be difficult but not impossible. And a title search is... View More

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: Can you sue an insurance company if they refused to cover costs due to an unethical loophole?

About a year ago, a friend was living in Florida and she lent her truck to a friend. This friend allowed her boyfriend to drive the truck, who had been drinking (but still below the legal limit) and had no driver’s license. The guy got in a car accident and totaled the truck. The insurance... View More

Anthony M. Avery
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answered on Aug 5, 2024

There are no ethical rules for insurance. Read your insurance contract for the exclusions the co. relied upon.

Bad Faith suit is only an extra 25% and exposes you to a bad faith claim. A suit for breach of contract may be possible within the contract term SOL. A good lawyer would...
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