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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
654 Questions Answered

Q. Me and my fiance where involved in a domestic violence about 5 months ago and we got caught together twice
A: Your question does not make sense, but I can tell at least your Girlfriend needs to hire a competent attorney immediately. Domestic Assault is commensurate with a Felony, and is worse than some. It will be permanent. She needs to find a way to get it Dismissed or Diverted, Dismissed and Expunged.
Q. What is the legal distance from a speed change sign where an electronic speed-detecting device can be used in Tennessee?
A: I do not believe there is a perimeter requirement for the officer to find the speed violator in. Many times they just use "pacing" anyway. You can bring up the location of the stop in comparison to the last speed limit posting , but it will not make any difference (I have tried it before with no success). Try to find a way to get it ultimately Dismissed or only four miles over the limit.
Q. My ex husband & I own a home together which we bought while married. The deed lists both our names but me as wife.
A: By longstanding caselaw in this State, upon divorce, the Tenancy By The Entirety becomes a Tenancy In Common of 1/2 Undivided Interests each. So Lawyer Grefseng's advice is exactly right. Right now the 1/2 Interests go to your all's Heirs-At-Law.
Q. Is there any way to get the addtl $ to repair damage to my car? Ins co values car at $2900 and repairs are $4K+.
A: You may wish to file for Tort Property Damages in General Sessions Court. If you do not like the Judgment, then you file an Appeal De Novo in Circuit Court. You may not have much to lose, and the SOL is 3 years.
Q. Person listed as tenant in common with his sister dies intestate with no spouse and 2 kids. Deed never transfers to kids
A: An Affidavit of Heir ship will be the source of title in the legal description for the real property. You need a competent attorney to determine heirship and draft a good deed. Probate will probably give no benefit, and generate problems and expense.
Q. My mom passed away she was married But they haven’t been together in years How can I get her belongings
A: You might file a Small Estate Affidavit in the County where she died. But you also might want to talk to a local attorney to see if any real property is available. If there is little or not property, do not Probate.
Q. I have an eviction case pending at the court of appeals in Jackson, tn the other side proposed a motion against me for
A: Unless you posted a large Bond, a Writ of Possession is possible. If you ultimately win the Appeal, you can then sue for Damages for wrongful Detainer.
Q. I was cited w/ Simple Poss. of marijuana on my boat but it wasn't mine and I don't smoke. Should I hire an attorney?
A: It sounds like the TWRA Officer left you off easy. It would be advisable to hire a competent attorney to get the charge Diverted, Dismissed and Expunged. Otherwise, whether it is a conviction or not, the background check will look like you are an addict and/or/dealer.
Q. Hotel Occupancy T.C.A. 67-4-4(7). Does the police not have to enforce the law whether civil or criminal?
A: You are incorrect. The Police enforce criminal law violations. It is up to the citizen or the civil authorities to enforce common law, statutes and equitable principles in the Courts of our State. You may have a cause of action to sue for damages or to enjoin what you believe are illegal actions. Lawsuits are expensive, lengthy and difficult, so you might consider other alternatives such as moving elsewhere. On occasion you might call the Health Department, but then your landlord will not be happy with you.
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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