COVID-19 Tennessee Q&A by Practice Area

  • Admiralty / Maritime
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  • Juvenile Law
  • Land Use & Zoning
  • Landlord - Tenant
  • Legal Malpractice
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  • Libel & Slander
  • Medical Malpractice
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  • Military Law
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  • Nursing Home Abuse
  • Patents (Intellectual Property)
  • Probate
  • Public Benefits
  • Securities Law
  • Sexual Harassment
  • Small Claims
  • Social Security
  • Stockbroker Fraud
  • Trademark
  • Uncategorized
  • White Collar Crime
  • Wrongful Death

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COVID-19 Tennessee Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My dad lived in Tennessee and recently passed away. We couldn't locate a will.

He was found deceased in his home after being dead over a week, along with water damage turning into mold and fear of his passing being from Covid. His brother and I could not locate a will in his apartment. We did visit his bank to notify them of his passing. The only information we got in return... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 21, 2020

What is the probable size of the Estate? What kind of properties? Did he have alot of creditors? These are questions for a competent attorney, not for what you think is the correct thing to do. You might need to file Probate, and you might not. Do not initiate Probate unless you think you... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Got a ticket for speeding .The court date said 5/29/20. But courts were closed for Covid so I didn’t appear. What now?

I have tried calling the number on the ticket but no answer and there is no amount to pay on the ticket or way to pay on their website, it just says call

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 7, 2020

Start calling Court Clerks starting with the General Sessions Court of the County you were stopped in. Then you might try City Courts where the stop occurred. If the Ticket is not paid, you could go to jail and/or lose your TN DL. You may have to call the Circuit Court Clerk of that County.... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: Fired During COVID?

I’m in TN, things are opening here but unfortunately for me, daycares are not. For the time being, we are working from home and I also have a 2 and 4 y/o here w/ me so it makes it hard for me to work, it’s actually brung my performance measures down because I have to deal w/ them so much. I... Read more »

Carrie Dyer
Carrie Dyer
answered on Jun 3, 2020

You may be entitled to protection under the Emergency Family and Medical Leave Expansion Act. Under this provision - with some exceptions - employers with less than 500 employees are required to provide job-protected leave for employees who are unable to work or unable to do their work from home... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can my boyfriend of 6 years kick me out of house in Tennessee during Coronavirus?

And if so, how long can I drag it out before I have to leave? He cheated on me but owns the house. Also I have no family here and lost my job recently so he's been supporting me financially also

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 2, 2020

He has to file a Detainer Warrant. It must be served or posted on you. After you go to Court, you must be out within 10 days or he will get the Sheriff to physically remove you.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: Does TN require that chapter 13 payments also be made from the $600 federal stimulus money received during unemployment?
Oliver L Cisowski
Oliver L Cisowski
answered on May 17, 2020

No, this money is explicitly excluded from the definition of income in the CARES Act. This means it does not need to be paid into your plan.

However, if you have recently become unemployed due to the coronavirus and are not making payments into your Chapter 13 plan, you may want to speak...
Read more »

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1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: What options do I have in getting a legal joint custody order put in place, and if any, how do I begin proceedings?

I do pay child support. I have been an integral part of the child's life since birth.(9/23/2011) the only reason it's not now,is covid-19. The mother let our daughter go to "a trusted friends house", so she could have someone to play with while all of this is going on despite... Read more »

Paul E. Tennison
PREMIUM
Paul E. Tennison
answered on Apr 29, 2020

You should consult with a local family law attorney. From the facts, as you describe them, it seems as if there is no parenting plan that has ever been established by a court order. If this is the case, you will likely need to file a Petition to Establish Parentage in the county juvenile court... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: I received a stimulus check addressed to my deceased father who passed in 03/2019. Do I return the check or keep?

If return, how and where to send if keep, how do I cash or deposit it?

Shanone Emmack
Shanone Emmack
answered on Apr 24, 2020

I recommend doing nothing with the check. It is intended to go to your father to help with any financial difficulty during Covid-19. You could try to contact the IRS but no one is likely going to take your call . It would be illegal for you to personally cash the check and put it in your account... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I will no longer be able to pay my rent after July & will have 2 months left on the lease. Can I move without being sued

Due to a recent heart & thyroid condition along with now The Covid 19 shutting me out of business I’m living off my savings account without an income coming in. I’m currently paying $3,500 monthly to rent a house. I will no longer be able to afford to stay in the house after making July’s... Read more »

Shanone Emmack
Shanone Emmack
answered on Apr 24, 2020

You should first re-read your lease and see if there is a termination clause and decide if you have an option to terminate early under the clause. You should also talk to your landlord about your situation and see if he will let you out of the lease. If not, then I suggest giving him at least 30... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: What should I do if my employer is changing my timesheet?

During this Covid situation, I and the GM are the only two running our store. He broke his leg and has barely worked. I have pulled doubles for the last two weeks. As of Thursday, I had 16 hours of overtime. The GM has had me clock him in on 3 separate occasions but he was always clocked out after... Read more »

Carrie Dyer
Carrie Dyer
answered on Apr 22, 2020

You should file a written report with the Human Resources department and/or your GM's supervisor. Make sure you are keeping a written record of all hours you have worked. If you are a non-exempt, hourly paid employee, then you are entitled to be paid at a rate of one and one-half times your... Read more »

3 Answers | Asked in Criminal Law and Personal Injury for Tennessee on
Q: Can I sue a rehab facility for misplacing or “accidentally disposing” of my mother’s bag containing her necklace?

My mother wore the necklace all the time. During the Coronavirus lockdown of her facility, she put it in the side compartment of a luggage bag, because I wasn’t allowed to visit to pick it up. When I picked up her belongings after she passed, the bag was missing.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 20, 2020

You will need a competent attorney to evaluate your possible Case of Conversion. Evidence that the necklace existed and was stored in a certain place will be necessary. Heresay will not work. The value will have to be shown, which will probably be questioned. Your standing will be important.... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: I live in Memphis TN, but my license got suspended in NC. I can’t get my licence now, DMV is closed due to the pandemic

Will i get out the same day or will i be incarcerated for a certain amount of time or pay a fine? If i have to pay fine, approximately how much do they range from?

Shanone Emmack
Shanone Emmack
answered on Apr 1, 2020

If you have a citation for driving on suspended then you will need to be booked before your court date.

But, things are different right now with the coronavirus. You should call the jail and ask them what they want you to do. I would also call the clerk's office to get your court...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: I have a parenting plan with my ex husband, I am concerned about travel from home to home due to COVID-19.

I have offered to give him days if I hold onto the kids until COVID clears, he declined and wants to pass them from house to house. What are my rights? He and his wife are currently working, his wife works in healthcare, and they have 2 additional daughters who attend daycare. I have a daughter and... Read more »

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Mar 29, 2020

To answer your question, you have a right to seek an Emergency Protective Custody Order that may or may not be granted.

Once filed, you would be set for an Emergency PCO hearing. At the hearing you would need to establish that the facts and circumstances are sufficient to lead an...
Read more »

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