Tennessee Q&A by Practice Area

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1 Answer | Asked in Criminal Law for Tennessee on
Q: What exactly does 39-13-524 mean in a criminal matter?
Anthony M. Avery
Anthony M. Avery answered on Oct 6, 2021

That is a Sentence for a Sex Offender for Lifetime Supervision.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If my son who is 30 texted a13 yr asking her to show him what her body looks like.what kind of charge is this

He was kidding around last night and he text my 13 yr old niece to show him what her body looks like.playing around. Now the cops are looking for him. What kind of charge is this

Anthony M. Avery
Anthony M. Avery answered on Oct 6, 2021

An extremely serious Felony. He needs to hire an attorney for advice and should not talk to the LEO's at all. Do not post anything else on a public forum.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Tennessee on
Q: How was I charged with vandalism at my former residence after moving, what was the purpose of my $1000 deposit?

Paid $800 deposit plus $200 for pet. The warrant said a broken window, already broken, missing shelves and closet rods, and damage to cabinets. There was only 1 closet rod when I moved in, and the drawer was taped in 1 cabinet because it kept falling apart. That being said, I'm confused as to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 6, 2021

You need an attorney to represent you to prove Restitution has already been made.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What should I do ?

Me and my husband bought property in Tennessee & in our contract we bought it "AS IS" the woman had a verbal agreement with a man to lease the land though nothing in writing or no money involved and he had 30 days to get what we was told the animals and a trailer off the property and... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 4, 2021

Are you the titled owners? If so you will need to either file a Detainer Warrant on the occupants or charge them with Criminal Trespass if you saw them there on Posted land.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: A non owner relative has put a shed he and dogs are living in on land with no electricity or sewage service?

This person does not own the land, does not have electricity or running water but have decided to clear out land illegally and set a shed he and his animals are living in. What can I do to have him removed to a more habitable place?

Anthony M. Avery
Anthony M. Avery answered on Oct 4, 2021

Are you the landowner? If not then you have no standing to sue. Adverse Possession is very real. If you are the owner file a Detainer Warrant for Possession Only.

1 Answer | Asked in Criminal Law, Personal Injury and Family Law for Tennessee on
Q: Can you miss circuit court due to the fact you are in drug rehab (voluntary) or will I be considered contempt of court?
Anthony M. Avery
Anthony M. Avery answered on Oct 4, 2021

That will be a failure to appear. Get your lawyer to ask for a continuance on those grounds. Do something besides getting a mittimus or capias issued.

1 Answer | Asked in Consumer Law for Tennessee on
Q: In Tennessee if u get a car thru a dealership and it is financed thru a bank who holds the title

The dealership or the bank financing it? And do they have to tell u who is financing it?

Anthony M. Avery
Anthony M. Avery answered on Oct 4, 2021

Generally the lender puts a lien on the title. It will be typed in as a lienholder on the Certificate of Title. That is their security pursuant to a financing contract to repossess the vehicle. Tthe dealer probably already got paid by the bank or given credit on its financing agreement.

1 Answer | Asked in Estate Planning for Tennessee on
Q: What is the process I need to go theouyto change my daughter as trustee t either myself (POA) or my husband (2nd Poa) ?

My daughter and Fiancè have informed us they don’t want the responsibility.

Nina Whitehurst
Nina Whitehurst answered on Oct 3, 2021

An estate planning attorney would need to review your trust in order to answer your question. The answer will initially depend on whether your trust is revocable or irrevocable. If revocable, you can most likely do this by amendment or appointment. If irrevocable, you have to follow the rules in... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it illegal in to to sell someone property without a well rights agreement?

Was told when bought property it was on a shared well with two other properties and seller said he would give me easement to well. It has been approximately 10 years since purchased property and now seller refuses to sign well rights agreement. I am trying to sell my property now but unfortunately... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 1, 2021

No, and very legal. You might be able to sue for a Declaratory Judgment that you have Water Rights by Prescription. But this will take time and money. You are trying to sell real property without title to everything that you represented you owned. It may be better to dig and plumb another... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If I was given an eviction notice and I am out before the 7 days what will happen?
Anthony M. Avery
Anthony M. Avery answered on Oct 1, 2021

What is your question? You have given up possession, so no Detainer Warrant. The owner might sue you for rent due or damages, but it may be hard to serve you.

2 Answers | Asked in Uncategorized for Tennessee on
Q: can I get indecent exposure expunged in TN?
Anthony M. Avery
Anthony M. Avery answered on Sep 30, 2021

No... I am afraid not.

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1 Answer | Asked in Uncategorized for Tennessee on
Q: I have a prior meth charge , can I get a prescription for adderal because I have adhd?

I got caught with two grams of meth and got a simple possession. I was wanting to get aderal to treat my adhd, since a apparently it's illegal to use meth to treat it

Anthony M. Avery
Anthony M. Avery answered on Sep 29, 2021

There is nothing illegal about a MD prescribing medicine to you. However the MD may not wish to treat you, and that is his discretion. You will need to see a doctor.

2 Answers | Asked in Estate Planning for Tennessee on
Q: Is probate necessary with will and personal representative assigned?

My step dad’s will allowed my mom to live in home until her death. Then house must be sold & proceeds divided among heirs. She passed. Is probate necessary?

Anthony M. Avery
Anthony M. Avery answered on Sep 27, 2021

Probate of the Will or your Mother's Estate? If your Mother was not a

surviving tenant by the entirety then only through the Probated

Will did she take the fee. Otherwise it was a 1/3 or 1/2. If his will was not probated, then there are several heirs from both...
Read more »

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2 Answers | Asked in Criminal Law for Tennessee on
Q: I was pulled over by Brentwood tn police in nashville for my tint being to dark. Is that a good circumstance ...
Anthony M. Avery
Anthony M. Avery answered on Sep 27, 2021

I do not know what a good circumstance is. But Tinted Glass can be a Rule of the Road violation, and is thus a legitimate reason for a stop.

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1 Answer | Asked in Products Liability and Civil Litigation for Tennessee on
Q: Who is responsible for the damage claim?

We shipped a product with Southwestern Motor Transport that interlined the delivery with Daylight Transport. We filed the claim with Southwestern whom states it is Daylight Transport place to pay the claim. They further stated if Daylight Transport does not pay them for the claim they will not pay... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 27, 2021

Your contract is apparently with SW Transport. Read the contract as it will have some disclaimers of liability. But it may give SW as your agent the power to hire another party to perform the contractual duty. If under $ 25K you might sue both carriers in Sessions Court and let them blame each... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Handed a ticket and the officer says there is no court date.and then I get a failure to appear

I had a tickett and there is no court date and I call the dep records and the lady sed she saw that I called to see when my court date was.i never did.i called to see whear to go show my license because I didn't have a court date the officer told me to go to the clerks office and show I had a... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 27, 2021

Nothing you have stated makes any sense. Hire a competent lawyer to represent you today. If you do not satisfy the Rule of the Road violation, your license will be suspended. Obviously you do not understand what is going on.

1 Answer | Asked in Constitutional Law and Criminal Law for Tennessee on
Q: I was ride through Brentwood tn and a Brentwood police pulled me over in nashville tn. Is there possible?
Cayley Turrin
Cayley Turrin answered on Sep 27, 2021

Simple answer yes. It really does depend on the circumstances.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Does accepting pretrial diversion preclude me from suing police in civil rights case

I was arrested for first time in my 61 yrs for assault of police, resisting arrest, and disorderly conduct. I had called 911 after being the victim of road rage and simply ask police to put on their masks due to COVID. I was injured in arrest and refused medical care. That evening after released... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2021

From your facts I do not see a §1983 cause of action. But Diversion is usually the best disposition. Prior to the plea you will want to talk to an experienced attorney who knows how to file a Government Tort Liability Action. Again I would not file the suit as it is not a perfect... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: A man died in TN w will. Beneficiary cant be located. No immediate family. Is there any reason sibling couldnt be heir
Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2021

Hopefully nobody has filed that document for Probate. Then a good lawyer can provide a source of title for the existent Heir. If Probated there is a statutory process for searchng for heirs, which is expensive and difficult. The Estate may not be worth it, and whoever filed it for Probate... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: I recently moved to TN from GA, do I have to update Will, POA, Health Care Directive, Living Will?
Nina Whitehurst
Nina Whitehurst answered on Sep 22, 2021

There no law that requires you to update any of your estate planning documents when you move from one state to another, but it is always a good idea to at least have them reviewed by an estate planning attorney in the state to which you have moved.

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