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Questions Answered by Anthony M. Avery
1 Answer | Asked in Real Estate Law for Arkansas on
Q: Is there any law for a seller to get out of a real estate contract before closing?

I do not see any specific contingency in the contract for the seller to terminate the contract. There is a contingency on an addendum that the "buyer reserves the right for any reason or no reason in it's sole discretion to terminate this agreement by writing no later than 5 days before... View More

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answered on May 23, 2024

Purchasers/Sellers breach real estate contracts daily, with few consequences. Usually only earnest money or a real estate commission are the only actual penalties. But a Specific Performance action is a possibility. Breaching Parties always take a chance.

1 Answer | Asked in Probate for Tennessee on
Q: My Aunt had a new will drawn up. No one has a copy. Her old will was found and her deceased husband’ family is probate.

I am the only living blood relative and I signed her death certificate. How do I challenge the probate or find information about another will.

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answered on May 22, 2024

Has any will been filed for Probate? If not you can petition the Court to Probate her Estate as Administratrix. Then if any Will comes up, at least you will be ready to contest it if grounds can be proven. If a Will has been filed, then either contest it or give up. Hire a TN... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: A lien filed on home. Title insurance pays it off. Once that is done, how long should it take to clear the home title?
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answered on May 22, 2024

Assuming the Title Insurance actually paid off the correct lienor, it should be released of record by now. Call the Judge of Probate and ask. But you probably need to search the title as there may be other problems. You can call the lienor and complain also.

2 Answers | Asked in Probate for Tennessee on
Q: i have grandparents who both passed and each left identical wills, with affidavits and attestation clauses signed by eac

there notirized by personal friend county clerk, tn. however no witness signatures. signed 2018 do i have legal will?

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answered on May 22, 2024

The possibility of Holographic Wills might be present if handwritten. But two Wills identical implies a contract to make both Wills. Unless there are serious reasons to file Probate, Intestate Succession is probably what should happen here. Consult with a good lawyer.

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1 Answer | Asked in Personal Injury and Car Accidents for Tennessee on
Q: I'm being sued for supposedly hitting a vehicle door when backing out. What do I do?

No police report filed. No damage to my car. Gentleman claims I injured him by striking his door and it hitting his back. Now he has pain and suffering and lost wages.

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answered on May 17, 2024

If you have insurance, notify them today of the wreck and claim. If no insurance, expect to lose your TNDL, and hire an attorney to represent you. When served, you might also file a Notice of Exempt Property if you are not rich, which should curtail the plaintiff's enthusiasm. An Answer... View More

1 Answer | Asked in Car Accidents and Business Law for Tennessee on
Q: I am having trouble finding a lawyer to help with a commercial property damage claim/insurance company.

Someone drove their car into our building and it took out our HVAC unit/ductwork and damaged the metal building wall through to the inside. The insurance company refuses to pay the full amount - they approved the estimate we sent but insist on depreciating the value of the 5 year old unit which... View More

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answered on May 17, 2024

Hire an attorney file suit against all liable parties, such as driver, car owner, lessor, etc. If under $ 25K in damages, I would sue in Sessions to get to Court faster and cheaper. But you will probably have to try it twice that way. Owner may be judgment proof, so expect to recover from... View More

1 Answer | Asked in Real Estate Law for Kentucky on
Q: How to I go about transferring a deed/title to a home into my name when it belongs to 8 others who don’t want it?

We have a family home that has yrs of back taxes due before it gets auctioned off. I’m interested in paying the back taxes as long as I can get the house in my name. Only issue is the owner is my great grandmother who passed away over a decade ago and had no will. So I’m guessing her 8... View More

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answered on May 16, 2024

You have a serious title problem. Hire a competent KY attorney to determine heirship, draft an Affidavit of Heirship, and then draft a Deed from all the other heirs over to you. Many heirs will want to be paid for their interests. Do not pay taxes unless you own it. Otherwise prepare to bid... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Does a passenger admitting to having drugs on their person give probable cause to search the vehicle after no consent
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answered on May 16, 2024

I am not familiar with a similar appellate opinion. However admitting that illegal drugs are present is certainly reasonable suspicion and probable cause that drugs are in the vehicle and a warrantless search can be executed. I doubt that a Motion To Suppress Evidence would be successful, but... View More

1 Answer | Asked in Family Law and Probate for Tennessee on
Q: What can we do if a Will Executor lets things get stolen from the beneficiary(s)?

My boyfriend's father passed in November. Father left his girlfriend the home/estate and their own personal things accumulated together therein. Everything else personal to the father himself goes to his 2 sons. All that is fine and well, a very grand gesture by him to secure her and her... View More

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answered on May 15, 2024

A Beneficiary should have moved to remove the executrix earlier for cause. You may be able to open the Estate up again, but it will be difficult and expensive. Conversion actions in General Sessions are possible by will beneficiaries, but proof of theft will be required. A civil suit for... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for North Carolina on
Q: If I solely own my house and land that my house sits on and have owned it before I got married

Can my husband have me arrested or even trespassed from the house and property that I own SOLELY and have owned since before the marriage? I would assume I can come and go as I please to my OWN house and property?… he just keeps threatening to have me arrested if I step foot on MY property? Is... View More

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answered on May 14, 2024

Is there an order from a Court preventing you from going there? If so then husband can have you held in contempt. If no, then he plans on setting you up for an arrest which gives him leverage. You may wish to sell the home, or file an action for possession against him. You must hire a NC... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Can TN new neighbor change location of my easement if I have easement deed?
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answered on May 13, 2024

Not without your permanent agreement. But he can try to terminate the easement or file a declaratory judgment action on it. Having an easement in your chain of title is worthless as it must be in the servient estate's title.

2 Answers | Asked in Estate Planning for Kansas on
Q: My deceased mother put her ira in my name. My stepdad is refusing to let me see her will or giving me any information.

He is refusing to give me the will or information.

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answered on May 10, 2024

Usually an IRA has a designation of beneficiary. Rarely does it go through an Estate. If you know that the IRA is yours, hopefully with the designation clause, then contact the IRA Administrator and make a claim. Otherwise you must sue the Administrator for breach of contract, conversion, etc.

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: My home was taken by my lien holder. I lived there for 20 yrs. I'm in Tennessee, how do i claim surplus money for the s

The property sold for 230k I owed less than 100k . This all happened July-Aug of 2023

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answered on May 9, 2024

Hire an attorney to sue the Trustee for the money. The surplus will not be as large as you think as the noteholder has all the discretion in adding up the total debt. You must sue fast, and collection of the judgment can be difficult.

1 Answer | Asked in Probate for Arizona on
Q: Probate law Q: I am the sole beneficiary and personal representative of my fathers annuity trust fund.

Need free legal advice on what to do to do, Completed all legal steps. Its been 8 years and no lawyer can provide information on how I can what my deceased father left me. I need to move forward with this. I look forward to a response for advice and or answers on my next steps to take in this... View More

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answered on May 9, 2024

Annuities are notorious for not paying out to designated beneficiaries. You might be able to sue the Annuity/Insurance company, but what court has jurisdiction will be a problem. SOL may have run, AZ law may not apply. Hire an attorney to sue in a local AZ Court or in Federal Court.... View More

2 Answers | Asked in Tax Law and Real Estate Law for South Carolina on
Q: I have been leaving on a piece of land at a mobile home that me and my husband paid for when I went to go pay taxes

The taxes showed as exempt and found out that the deceased sister of the individual about the house. From had it put in her name and now her daughters are trying to make me pay $500 for lot rent. Can you help me?

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answered on May 9, 2024

Apparently you never got a deed, so the property is not yours as you only had a lease with option to purchase. You might have a claim for breach of contract if you paid in full the contract. If not, then you might sue the heirs to complete the contract. But it is doubtful. Hire a SC... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: Hi, Is my HOA by Texas law allowed to fine me without a prior notice or hearing? Please help me understand.

I have 2nd floor condo with a porch, I’m recently working with a contractor to remodel my bathroom with the HOAs knowledge. The work started on Saturday and the contractor left trash bags on my porch, they don’t work Sunday so they remove it Monday morning. I got an email from my HOA Monday... View More

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answered on May 8, 2024

If you bought a condominium then your ownership is subject to all kinds of rules. You should have at least read them before purchase. HOA issue fines and liens all the time, and rarely do you have an opportunity for a hearing. Nonpayment will result in foreclosure. You can hire a lawyer and... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: what are the laws for a defendant after having an attorney dismissed from a case

I requested the dismissal of council in writing to the judge I gave legitimate reasons why I wanted the dismissal I also asked for a continuance and a different council judge granted dismissal,and continuance but refused new council and I had to represent myself at a prelim also I told him... View More

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answered on May 8, 2024

Apparently your case was bound over. When you get indicted by the Grand Jury, Court may arrest you or might allow you to show up at the Arraignment still on Bond. You might ask for a court appointed lawyer then. But that would be a mistake, so hire a real attorney now awaiting Indictment.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: The location of our well was never disclosed. It's on the next door property.

We have owned the home for four years and just recently found out our well is shared and about 120' off our property. Do we have any legal recourse against the seller?

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answered on May 7, 2024

More than likely there was a Residential Disclosure Statement made by the grantors. Did you read it? Even if it lied about the waster supply, the 1 year SOL has passed. You need to search your title and the title where the well is situated. There may be a breach of covenant there, but it is... View More

2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I was pulled over and got a traffic citation with a court date it’s been 3 weeks since and I haven’t received any mail

I know someone that was pulled over 3 days after I was and they received something in the mail about their court date about a week ago but I haven’t. Do I need to show? What happens if I don’t show?

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answered on May 7, 2024

Call the County Court where you were stopped and see if there is a charge against you. If near a City then also call that City Court. Your Citation should tell you what Court your are charged in and what the Docket # is. If you miss Court then your license will be suspended or you will be... View More

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1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Can a title loan company or their repossession company refuse to allow a person to retrieve personal belongings repodcar

Car was repossessed after defaulting on title loan after missing two payments. Repossession agent called my mother after 9pm at night and told her if I didn't meet him by midnight that night to sign a "payment plan" for missed payments then I would have a felony warrant for my arrest... View More

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answered on May 6, 2024

Ask again to get your property. Otherwise you will have to file suit for an Action to Recover Property and/or Conversion in General Sessions Court. Be certain who it is that has your property, as you may have to sue two defendants. Loan co. will have an agent for service of process.

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