Tennessee Recent Legal Answers from Lawyers

I know that this is a very difficult situation, but you're proposing doesn't seem likely to make it better.  When you say you gave your daughter a car, I assume you mean that the car is titled in her name.  As far as the world is concerned, it is her car until and unless a court says that it isn't.  It is possible that you could win a lawsuit against your daughter for breach of contract, and possible that a court would order her to return the car to you, but you have no right to simply take her car, any more than she could come along and take your car simply because she claims that she had bought it for you under certain conditions which you violated.  Given the apparent animosity between you and your daughter, if you simply tood the car you would likely find yourself arrested for thef.  ... Read Answer

You can either open an estate or let the check go to unclaimed property with the state comptroller's office and, after four to six years (It varies by state), submit proof of who the heirs are to attempt to reclaim it.  The preferred approach turns on whether your mother left anything beyond the final paycheck.... Read Answer

It would be best if you had their Legal Name, rather than just suing them in small claims court with the generic Unknown Roe Corporation (which you can do). Send a friend into the store, their business license needs to be posted on the wall, it will have their legal name. Review county records, on line, you should be able to find their business name. Check with county records to see if they filed a DBA. See if you can find their website, and check for contact information. Check with the Secretary of State, and search business names, which in most case will give you the name of the owners. Good luck.... Read Answer

A Will has not legal effect until a court admits it to probate.  Once it has been submitted, it becomes a public document.  Check with the probate clerk of the county where your mother died.  If the Will has been submitted to probate, ask for a copy.  If not, inform your sister that it must be. Life insurance only passes under the Will if there is no one named as designated beneficiary in the life insurance policy.  If you are named, the life insurance company will talk to you.... Read Answer

A home is only subject to foreclosure for property taxes or mortgage liens.  You may ignore the creditors.   Please note that neither an Affidavit of Heirship nor a quitclaim deed pass title.  After the Affidavit of Heirship has been of record in the county deed records for five years, a court will rely on it.  A title company may in some circumstances rely on it earlier.  A quitclaim deed notes that someone quits their claim to an easement, such as a right to use a neighbor's driveway.  That is all.... Read Answer

If your mother left the property to her husband by Will, it is his to do with as he wishes, including leaving it to whomever he wants by Will or allowing it to pass to them through the Tennessee laws of inheritance. In some states, but not necessarily Tennessee, children of a previous marriage inherit their mother's share while the stepfather keeps his.... Read Answer

This sounds like a serious slip and fall.  And, it sounds that you have a number of injuries from this fall.  What helps your lawsuit is that the sidewalk was unattended for two days.  A few hours would be enough, but 2 days helps your case. With regards to your family, how were they injured?   If they were with you when you fell and saw your being injuried, there might be claim for negligent infliction of emotional distress.  In order to qualify for such a claim, your family must have been at the scene of the accident and must be aware that you suffered from the injuries.  Your family must be able to show emotional distress beyond that likely to be suffered by an unrelated bystander who sees the accident.   If they were not with you at the time of the fall, their case for emotional distress would fail.... Read Answer

Take your court-issued Letters Testamentary or Letters of Administration and an EIN (available at www.irs.gov) to the bank to open an account in the name of the estate with you as executor or administrator.  Deposit the check.  Pay the estate's bills, including taxes, from that account.... Read Answer

It all comes down to likelihood of confusion.  Will the public confuse a Coco Puff Family Goat Farm with Cocoa Puffs Cereal?  Will the public give your Goat Farm business, thinking that they buying a product similar to Cocoa Puffs Cereal? The classic court case is Delta Airlines vs. Delta faucets.  The Judge ruled that there should be no confusion that someone would buy a Delta faucet thinking that they are buying an airline ticket on Delta Airlines.    ... Read Answer

A quit claim deed does not pass title.  It states that someone quits their claim to use someone else's land, for example, an easement over a neighbor's driveway. A deed is not recorded with the court but with the county clerk.  While recording is evidence of delivery, making the deed legal, delivery can be made in other ways.... Read Answer