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Anthony M. Avery

Anthony M. Avery

Criminal Defense, Real Estate & Probate Matters
  • Criminal Law, Real Estate Law, Probate...
  • Tennessee
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Summary

Longtime member of the Tennessee Bar, with extensive Jury Trial experience. I am widely known for my expertise in Deeds,Titles and Boundary Disputes. In most Criminal matters prior to Trial, I conduct demanding Preliminary Hearings and present numerous Defenses including Motions To Suppress Evidence, Discovery against the State's Witnesses and Evidence, and Bar Prosecution As Violative of the Statute of Limitations. And in Probate matters, Court Administration or not is carefully examined prior to filing such. If Probate can be avoided, then other Title authorities and Property Transfer methods are pursued.

I am admitted to, and have actually practiced before, the Tennessee Supreme Court, Tennessee Court of Criminal Appeals, Tennessee Court of Appeals, United States Court of Appeals for the Sixth Circuit, United States District Court for the Eastern District of Tennessee and the United States Tax Court.

Unlike most attorneys and title companies, I am capable of drafting precise Deeds and Easements with new Legal Descriptions from one or more Survey plats, with comprehensive Derivation of Title clauses and Habendum clauses. And my Practice often involves Title Searches, Boundary Line Disputes, Deeds of any type, and Quiet Title Actions. My Estate Planning Practice includes Wills, Future Interest Conveyances, Trusts, and Probate Administration. Additionally I prosecute Will Contests and Land Partition Suits. In Criminal Defense Cases, my Clients do not hire me just to plead them Guilty to the original charges.

Presently, I am a Field Artillery Targeting Officer in the Tennessee National Guard, currently directing the employment of a Q-37, Q-36 and four Q-50 Weapon Locating Radars for Counterfire Artillery Missions and Intelligence. I was awarded the Combat Action Badge for my services as a .50 Cal Machine Gunner and Crater Analyst in the Iraq War, and previously served as the Chief of Artillery Survey.

Practice Areas
  • Criminal Law
  • Real Estate Law
  • Probate
  • DUI & DWI
  • Estate Planning
  • White Collar Crime
  • Divorce
  • Insurance Claims
  • Tax Law
  • Traffic Tickets
  • Appeals & Appellate
  • Landlord Tenant
Additional Practice Areas
  • Boundary/Title Disputes
  • Firearms
  • Veteran's Disability
Fees
  • Contingent Fees
  • Rates, Retainers and Additional Information
    Payment Plans with reasonable regular installments are encouraged
Jurisdictions Admitted to Practice
Tennessee
6th Circuit
United States Tax Court
Education
University of Memphis Cecil C. Humphreys School of Law
J.D. (1987)
The Citadel
B.A. (1981)
Professional Associations
National Rifle Association
Member
Current
Veterans of Foreign Wars Post # 8779
Current
State Bar of Tennessee # 012925
Licensed Attorney
- Current
Speaking Engagements
Handling Real Estate Transactions: Surveys, Legal Descriptions and Deed Requirements, Knoxville, Tennessee
National Business Institute
Real Estate Law: Liens Against Real Property, Perfection and Enforcement, Knoxville, Tennessee
National Business Institute
Real Estate Law: Tennessee Title Law (Deeds; Estates; Derivation of Title; Defects; Easements; Litigation), Knoxville, Tennessee
National Business Institute
Legal Answers
615 Questions Answered

Q. can grand jury presentments be appealed or taken out of a county's initial jurisdiction if certain bias can be proven?
A: Possibly nothing. But after Indictment the Defendant must defend against the charge. Improper Grand Jury proceedings might be argued at Pre Trial, Motion for New Trial or on Appeal. Without a clear Federal or State Constitutional violation that causes prejudice, no actionable error will arise. Your lawyer needs to start defending against the Charge and quit worrying about how the Indictment got here.
Q. To Anthony M Avery In Tennessee, can my landlord make me pay a plumbing bill when I didn't cause the problem?
A: Remember the owner must file suit and serve you. Then you go to Court and the owner must prove his cause of action for tort to a preponderance of evidence standard. It may not be worth his while to sue you. If he files in Sessions, then defend yourself, probably by denying all knowledge or actions which might have caused the plumbing problem. It will be difficult for the owner to prove you destroyed his plumbing which is probably old and cheaply constructed. If there is an adverse verdict, within 10 days you can Appeal De Novo to Circuit Court and demand a Jury. Good Luck...
Q. If a bank tries to take money out of an old bank account without your consent can you sue that bank
A: You better read your Deposit Agreement as the Bank may have the right. If not, understand you are talking about suing a nationally chartered bank, so it will be difficult and expensive. When you deposit money, the bank owns the money subject to your right to withdraw it. There may be a conversion or contract breach involved, or neither. It appears that you need to investigate further. Talk to your Bank Manager first, and get a specific reason why the Bank is taking the money. If the bank only tried to take money out, and did not, then there is probably no cause of action.
Q. If I marry gf while pregnant is it possible to still get place on child support years later if we divorce
A: If the child is born during the marriage, then you are legally the father. And you will be liable for child support to her if there is a divorce. The same result if you marry after birth and adopt. If no marriage, then she may pursue child support through a Paternity Action, which will probably involve DNA testing. Then you may or may not be liable for child support.
Q. If I go to PR with my boyfriend and take our child could he stop me from coming back to the US states with my child
A: Puerto Rico is part of the United States of America, so you are not crossing a border.
Q. Who is responsible for fees and costs if acustody case is filed in the wrong court and is later dismissed
A: Usually the Court taxes the Costs to the Petitioner if the Case is Dismissed.
Q. I’ve been on probation for 4 years I have 2 left can I get them unsupervised???
A: I do not know anything specific about your situation. But usually for my Clients that have paid their Court Costs, etc. and have not violated Probation, I make a Motion in Court to Modify the Sentence to a remainder of Unsupervised Probation. The are almost always granted. Get your lawyer to file the same.
Q. Im separated from my wife but haven’t filed for divorce. My underwriter is asking for a separation agreement now?
A: This is not a good time to buy any real property. Complete the Divorce first.
Q. IN THE STATE OF TENNESSEE, IF 5 CHILDREN INHERITED FROM A PARENT AND ONE OF THE ADULT CHILDREN WAS PREDECEASED
A: If the Widow of the adult Child was his surviving spouse, then she will take later on as she is that Child's sole Heir and KIn. But she will have to pursue her rights, and after 7 years, it is a remote possibility the others might claim sole ownership. If there is a Probated Will involved, then intestate succession may have no effect here.
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Contact & Map
Anthony M. Avery, Attorney
The Walnut Building
706 Walnut Street, #304
Knoxville, TN 37902
USA
Telephone: (865) 637-3035