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1 Answer | Asked in Family Law for Texas on
Q: In state of TX, how do you determine official date when person becomes incapacitated?
O. Rene Diaz
O. Rene Diaz answered on Nov 8, 2021

Your question did not specify who is being declared legally incapacitated or the source of the incapacity, so I need to give a general answer. The law considers certain persons to lack capacity as a matter of law, that is, due to the person's status or condition. For instance, minors (i.e.,... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: I have lived on the same piece of property for 10 yrs. what are my chances at adverse possession?

The property I live on was purchased by my mother from my grandmother a few years later my grandmother wanted everything out of her name and she transferred ownership to my brother who resides in Ohio hasn't lived in Alabama for many many years back in another section of property he has 10... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 8, 2021

Once you signed the Lease, you acknowledged you were not the owner. Once the Lease expires, and no monthly rental is paid but you pay taxes for several, several years, you might have a defense to his seeking possession. He would be force to file an Ejectment action, and then you defend with... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Tennessee on
Q: So I currently have a charge for simple possession and paraphernalia and was wondering what punishment I'd receive

In the state of Tennessee

No prior charges

Anthony M. Avery
Anthony M. Avery answered on Nov 8, 2021

You did not say what contraband is involved. But many Misdemeanors involve a possible 11 month, 29 day Sentence. Meth requires at least 30 days in Jail. Hire an attorney to seek Diversion, Dismissal and Expungement.

1 Answer | Asked in Family Law for Tennessee on
Q: If I have a letter signed stating I own half assests is it legal
Anthony M. Avery
Anthony M. Avery answered on Nov 8, 2021

It probably has no legal effect. It might be used to cross examine the other owner in Court, but again it is basically worthless. Alot of properties require Titles, like land and cars. Hire an attorney to advise you.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: received a ticket for talking on the phone I went to crt they dismissed it on pyment of fine but it’s still on my re
Anthony M. Avery
Anthony M. Avery answered on Nov 8, 2021

You may be able to Expunge the NCIC record, but DOS handles the MVR and may not want to take it off the last year's points. You have been very lucky, and I would leave it at that.

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