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Tennessee Questions & Answers
1 Answer | Asked in Child Support and Divorce for Tennessee on
Q: Do I have to be divorced to be put on child support.

How is child support determined if you are still married. I’ve been separated almost 2 years.

Bennett James Wills
Bennett James Wills
answered on Jun 13, 2022

You can get a child support order pending divorce. Or you could file for legal separation and seek custody/visitation. Support is calculated using the parties' income, deductions for things like insurance and child care, and then applied to the guidelines. Seek local counsel to assist you to... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Do police have to log anything taken from my house after searching it.

After they left I had 3500.00 in a lock box they priced open and the money was gone and I didn't sign anything saying they took anything

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 10, 2022

There should be an inventory in the Return on the Search Warrant. It is very possible there will be a Forfeiture Warrant issued against any proceeds from illegal activities.

1 Answer | Asked in Libel & Slander and Personal Injury for Tennessee on
Q: My elevator injury was July 26, 2021. Should I be concerned the way I am at this point?

I can prove breach of contract, personal injury, and tortious interference for 2 companies who were my former employer’s (Shelby County Government) third-party administrators. These are the CorVel Corporation and CONCERN Employee Assistance Program (EAP). As follows:

I, the future... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 9, 2022

Not sure of your asserted Causes of Actions. But the personal injury claim has a 1 year SOL, so you must hire an attorney fast. Potential property torts would be 3 years.

1 Answer | Asked in Probate for Tennessee on
Q: If real estate is passed in probate from a pour-over will to a rev trust, do the beneficiaries still get step-up basis?

If so, I assume you have to first deed it to the trust and then deed it to the beneficiaries before selling, correct?

Thanks!

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 9, 2022

The answers to your questions are yes and yes.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Does separation mean divorce?

Does separation mean divorce

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 9, 2022

No, very different. Legal Separations and Divorces have different Statutes.

1 Answer | Asked in Real Estate Law, Foreclosure and Elder Law for Tennessee on
Q: Can a lender foreclose on a homeowner with dementia?

My father-in-law has recently started showing signs of dementia, and the family is in the process of having him diagnosed. Apparently, his cognitive deficit has been going on much longer than we suspected. His homeowner's insurance policy lapsed, and the lender foreclosed and sold the home. No... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 8, 2022

This happens alot and dementia is not a defense to a Trustee's Sale. Hire a competent attorney to search the Title and see if there was a Surplus. Setting aside the Sale for even irregularities is probably moot; it needs to be enjoined prior to the Sale.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I live in TN and was arrested for DUI first offense, and agreed to have a blood test to check for intoxicants. I was

Taken to an ambulance service where 2 EMTs both stuck me one time each, and were both unsuccessful with obtaining my blood. Will this be used against me somehow as possibly violation of the Implied Consent law? I don’t see how it could be considering I did not refuse, and voluntarily agreed to test

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 8, 2022

The DA will probably claim you refused the Test, which you should have. But you can contest that administrative suspension of your TNDL, and might be successful. Were you even charged with Implied Consent? Hire a competent attorney for a thorough Preliminary Examination now.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My wife was given a ticket for shop lifting the amount was $40.12.

she is deaf in one hear and while at the self check out she confused the beeps from her register from another due to her hearing issue, also she had forgotten to scan one item. she went to throw hangers away from some clothes and assumed she had already scanned it. when she was pulled aside she... Read more »

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Jun 7, 2022

She can tell her story and it is going to be up to the DA how they view her story.

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 Collections for Tennessee on
Q: If the repossession of my vehicle took place while incarcerated causing me to miss payment is that legal

I paid $2,000 down on a used vehicle was incarcerated Miss first payment and it was repossessed is this legal

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 6, 2022

You will need to read your finance contract for the repossession terms. But that contract is between you and your lender, not the State or County. Missing payments because of incarceration is not the lender's problem, and a proper self help repo while you are jailed is not illegal.

1 Answer | Asked in Construction Law and Contracts for Tennessee on
Q: I have a contract to get a 4 seasons patio. The employee misquoted the price. They want to charge me 7k additional. Can

Can they do this? I have a signed contract. The job was 25000 and I’ve paid 12,000z

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 6, 2022

Your signed contract probably allows the service provider all types of increasing the price for changes, materials, etc. Hire an attorney to review the contract and possibly negotiate a lower increase in the contract price.

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.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: I had a contract / bill of sale for food truck. 20 k down and 1000 a month following. He hasn’t paid the thousand

It was stated in contract of payment not made on time, ownership reverts back to seller. Is this mine legally to sell again

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 6, 2022

Is the truck in your possession? If not, and you did not perfect the lien on the title, then the buyer could sell it. You will need an attorney to look at the contract and the facts prior to doing anything else. Otherwise you could be charged with theft or conversion.

1 Answer | Asked in Car Accidents for Tennessee on
Q: How to obtain my check from my wreck
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 3, 2022

What is your question? Apparently you do not have an attorney representing you, which will be the first step in most situations.

1 Answer | Asked in Personal Injury and Employment Law for Tennessee on
Q: My job fired me because I have a health problem. What can I do?

I have a chronic heart problem and my job has just fired me because of that. How can I find a lawyer to take the case?

Alexander D. Weatherby
Alexander D. Weatherby
answered on Jun 2, 2022

Hi! Based on your post, it sounds like you need an employment lawyer, not a personal injury lawyer. I would recommend that you contact the Tennessee State Bar for a referral to an employment lawyer ASAP to ensure your rights are protected. I wish you the best with your case - Alex

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: Do grandparents have to pay the child support if their minor child gets someone pregnant?
Sam  English
PREMIUM
Sam English
answered on Jun 2, 2022

No. There is no responsibility for child support except from parents. As minors, the court will not enforce child support but it will be accounted for when the child emancipates.

1 Answer | Asked in Estate Planning and Family Law for Tennessee on
Q: Can guardians of minor, of an unprobated estate, no will, take items (cars) from estate and register in their names?

17 yo boy, guardians were in place till he was 18 (5 months) They registered 2 cars that belonged to boys grandmother in their name after her death. No will. They just said the grandmother told them they could have them. Never got the boy the SSI he was entitled to either. No other heirs.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 1, 2022

If the boy is the Next Of Kin, then the cars are his property. If not, then the rightful Next Of Kin should file suit in Chancery. You are not allowed to sit on your rights.

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Employment law and stock option grant question

Hi there--I was laid off from my job at a tech company last week. I have stock grants that vest 20% each year for 5 years. The lay-off occurred 10 1/2 months into my 2nd year of vesting, so I'm leaving a lot of money behind. I'm 54 years old and other people performing much worse than... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2022

You should contact a Tennessee employment attorney to discuss a potential age discrimination claim under the Age Discrimination in Employment Act (ADEA). As for your contract containing the stock grants and the separation agreement you were given, you should also have these reviewed by a Tennessee... Read more »

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