Tennessee Recent Legal Answers from Lawyers

I agree with the attorney who answered previously if your question meant to say "but the house and car are in my name." It occurred to me that might be a typo and your question was about putting the house and car into your name. If your mother died without a will and you are the only air, to get title to her assets you will have to open an estate for her in the probate court. If there are no significant creditors and truly no other errors, it is possible you could finish that process with no attorney, however I don't think any attorney who goes to probate court would advise you to do that. Depending on the value of the house it's probably a pretty simple probate, but "simple" means something a little different when you're talking about going to court.... Read More

The release of liability is probably standard language but also important. Your sister as executor and the attorney have a legal duty to the estate not to deplete it wrongfully, and to make a full accounting. It's very unlikely the attorney would risk their law license to help your sister "steal," but if you are worried, I would encourage you to have a separate attorney. The estate attorney will be paid from the estate, you will have to pay yours, but if we are talking about more estate $ than a legal fee, that math makes sense. Even if they just review it and put you at ease, it may save a lifetime of suspicion and anger between you and your sister.... Read More

Interesting. That question to me seems governor and more by the ethical and professional rules of your profession, not the legal profession, but I can contribute. Just like for me to do a proper analysis of someone's legal situation, I need to see all the evidence that contributes to that situation, it would seem to analyze an adolescent who deals with issues from a divorce, whether directly or indirectly, you would have to see the evidence. I would think the key part would be making a clear and simple explanation to the parents of the therapeutic need. It seems they've taken the step to bring the child or adolescent to you, so they aren't therapy resistant, necessarily. Obviously material in your office is confidential just like in their lawyer's office. I think if you are confident and present your needs to them, the professionalism you show will put them at ease... Read More

It sounds as though the court gave you good advice even though you may be reluctant to take it.  Your father may have legal capacity to sign a Medical Power of Attorney or even a Will but lack legal capacity to sign a Durable Power of Attorney.   Why do you need this last?  Are you sure that he will outlive the time needed to obtain conservatorship?... Read More

As married parents, you have joint legal custody. You will need to file a petition in the circuit court seeking primary custody and immediate possession of your child. If presented properly that will likely be granted. Courts are only hearing very limited types of cases right now but I think you could get a hearing on that... Read More

In Tennessee being on the birth certificate is actually not the same thing as being the legal father. It's sort of like being halfway there. You'd have to file an action in the juvenile court, and probably go through DNA testing to exclude him as the father. I don't know what kind of hassle he is causing you, but just being on the birth certificate doesn't give him any rights. You can just ignore him. If he is the biological father than that's all sort of different.... Read More

Signing the birth certificate may be difficult for him, but there's a document called a voluntary acknowledgment of paternity, VAP, which is a notarized form which he could sign in jail. All jails have a notary for inmates even though it may be a little bit of a hassle to sign up. With that vap you could get the state to issue a new birth certificate. Certainly, at the hospital you can try to get them to put him on but even if they do you should still get a Vap.... Read More

You will have to evict him. Courts are not processing evictions right now. if he becomes physically abusive or extremely threatening you could perhaps file a petition for an order of protection from domestic violence, but you can tell from the name it's not exactly designed for your situation. You probably can remove his things from everywhere except his living space, in other words I think you can remove his items from your pavilion. He could probably turn around and put them back. Although cops will sometimes get involved with things like this they really shouldn't because they are well-intentioned but often don't really know the law. I think you can keep a careful watch on the news and see when eviction petitions are being heard again and file one that day... Read More

Paula: The answer is that you can get fired after FMLA expires.  Most employers terminate employees at the end of FMLA unless you have a contract that states otherwise.  It is normal for most people to be terminated while receiving either short or long term disability.  You need to be careful as there are some companies in which STD will terminate if you are not employed by the company. Many STD policies are self funded and the rules for termination of benefits vary.  ... Read More

That question calls for mind reading. What I'll say is the PO's I have personally known would violate him if they see a report where he caused you physical injuries during a fight. They would say that is, in no way, "good behavior." The "real world" may believe it's somehow or sometimes ok for arguments to be physical but the court world does not, period. It sounds like bf needs immediate anger management if not substance abuse counseling if he escapes prison. There's never a reason to put your hands on a woman. Never. Not one.... Read More

If you and your husband can reach a written agreement as to all issues, a court may grant a divorce as soon as 60 days after filing. If there are issues not agreed, including alimony, it will take much longer. Possibly a year or more. If you've financially supported husband since 2013, your case may be a case appropriate for alimony. Husband can waive that, but if he won't you will not have that agreement.... Read More

I'm sorry you are having to struggke with this. Until that Parenting Plan is changed, it's operative. The burden is going to be on you to show it needs to be changed, and you'll have to file and serve a Petition to Modify Parenting Plan, along with probably one or more Motions. Courts are hearing some emergency cases, and working on video hearings, etc., but there's a lot of uncertainty everywhere. At least with a Petition to Modify Parenting Plan filed, if she shows up and acts on her threats, you've got an active case, and so potentially a shorter path to a temporary hearing.... Read More

As of today, the State has not answered your question. If you have not already, apply for unemployment and make sure you've taken the necessary steps to receive your stimulus payment. The courts are technically open, but very limited in what they will hear. Again, as of today I don't think you could get a support reduction hearing, but I don't think they would schedule a contempt hearing for non-payment, either. I wish there was a clear answer to your question but there just isn't. Your obligation exists, even if you can't meet it. If that conflict puts you in court down the road, you'll want evidence that you did all you could (see first sentence.)... Read More

LLC and DBA really have nothing to do with each other.  The first is a structure of business operations by which the business is owned and operated by an entity, not you personally, and you own the entity.  Its principal advantage is that the individual owners of the llc are not generally personally responsible for the llc's obligations.  Because of this, many with whom the llc does business (i.e. landlurds, suppliers, etc.) may require guarantees from the individual owners before they will do busines with the llc.  The principal disadvantage is the extra taxation and costs of operation.  "DBA" simply means "doing busness as", and while it requires some registration and fees, does not affect the structure of the business.  An LLC can operate a business as a d/b/a.  For example, XYZ LLC. can operate a restaurant doing business as "Tony's House of Tacos."  Using a d/b/a has nothing to do with avoiding personal lliability, however.  If an individual operated a business under his/her own name or under a d/b/a, he/she would still be personally liable for the business's obligations. ... Read More

Most likely the financial aspects of your divorce were final when the time to appeal and/or file any post-trial motions expired. If the new evidence you have is evidence you could have obtained during the divorce, it will not be grounds to reopen your case. There are some VERY limited grounds to reopen a closed case, but a desire to put up more, or different, proof won't be one.... Read More

Lots of issues. Without reading your parenting plan my answers are general, and could change depending on the exact language. As far as your Easter trip, in most cases you could simply have made the kids available at the time and place found in your plan. If a responsible adult known to the kids (your parents/family) took kids to the exchange that should have been fine.    Whether you can relocate or change kids' school will be more complicated. That's a big old maybe and will really depend on the where, why, how, etc.    ... Read More

It depends on the exact terms. If your alimony is a ten year lump sum (alimony in solido), or transitional alimony, it likely cannot be modified or terminated. If it's periodic alimony (alimony in futuras), and the recipient cohabitates, even sat with a platonic roommate, the alimony might be modifiable or even able to terminate. Without reading your order an attorney really cannot tell you more than that.... Read More

If you have an order for child support for those ten years, the court should have taken the court-ordered arrearage into account. If you are saying there wasn't an order, but he just never paid, then you have to get an order for that back support. That should have been done during the hearing(s) on your current support, but it's not automatic. You would have had to file and serve your own petition for that to happen.... Read More

You are allowed to negotiate for yourself. The lawyer should talk with you, but they cannot give you any kind of legal advice and they represent your husband only. They likely will not say a great deal to you, though I would say they should certainly hear you out. We are not advised on this page to tell people "you need a lawyer," but if your husband has one and you don't trust what's going on w husband, a lawyer can do things for you it's hard for a litigant to do for themself.... Read More

Your point of contact should always be your attorney(s). The GAL is the child(ren)'s voice, and answers only to the Court. In fact an attorney GAL cannot speak directly to a represented person. If you have an attorney the only attorney allowed to speak with you is your attorney. Don't stalk them but fine to reach out weekly for an update. If they don't reply, possibly nothing to update.... Read More

A Divorce Court judge can order possession of a marital asset, nobody else. If the car was purchased during the marriage, and paid for out of your income, it's marital property. It's 100% legally irrelevant whose name is on the title, loan, etc. That doesn't mean a judge can not decide to let you have the car, but until then, it's marital property. On top of that, in most cases a judge will order "status quo" until a final hearing. That means if she's had the car for eight months and you've been paying, she may well keep it, with you paying, at least until the entry of a final Divorce.... Read More