Anthony M. Avery
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Real Estate, Criminal Defense & Probate Matters
Longtime member of the Tennessee Bar, having practiced law in 66 of the 95 Counties in Tennessee. I am 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, and Discovery of the State's Witnesses and Evidence. Statutes of Limitations are always examined. 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, Foreclosures, and Land Partition Suits. In Criminal Cases, my Clients do not hire me just to plead them Guilty to the original charges.
I am a Retired Field Artillery Officer with the TNARNG and USA. I executed Fire Missions with Cannons, MLRS Rockets & ATACMS Missiles. As a Targeting Officer, I directed the employment of Q-37 and Q-36 Weapon Locating Radars. And I was a Nuclear Weapon Officer for 155 mm and 8 inch Artillery in the 2nd Armored Division. As a QRF .50 BMG gunner in the Iraq War, I was awarded the Combat Action Badge.
- Real Estate Law
- Commercial Real Estate, Easements, Eminent Domain, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate
- Probate
- Probate Administration, Probate Litigation, Will Contests
- Criminal Law
- Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Sex Crimes, Theft, Violent Crimes
- DUI & DWI
- White Collar Crime
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- Insurance Claims
- Bad Faith Insurance, Business Insurance, Disability Insurance, Health Insurance, Life Insurance, Motor Vehicle Insurance, Property Insurance
- Tax Law
- Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Planning
- Traffic Tickets
- Suspended License
- Landlord Tenant
- Evictions, Landlord Rights
- Appeals & Appellate
- Civil Appeals, Federal Appeals
- Boundary/Title Disputes
- Firearms
- Title Insurance Claims
- Curing Title Defects
- Actions for Forced Partition Sale of Real Property
- Free Consultation
- Contingent Fees
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Rates, Retainers and Additional Information
Payment Plans with reasonable regular installments are encouraged
- Tennessee
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- United States Court of Appeals for the Sixth Circuit
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- United States District Court for the Eastern District of Tennessee
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- United States Tax Court
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- English: Spoken, Written
- Attorney
- Anthony M. Avery, Attorney
- - Current
- Targeting Officer, Radar Officer, Nuclear Weapons Technical Operations Evaluator, Artillery Survey Chief, Defense Contract Attorney, DivArty S-4, Quick Reaction Force .50 Caliber Machine Gunner & Field Artillery Battalion Ammunition Officer
- Field Artillery, United States Army & Tennessee Army National Guard
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- 2nd Armored Division; XVIII Airborne Corp; 278th Armored Cavalry Regiment
- University of Memphis Cecil C. Humphreys School of Law
- J.D. (1987)
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- The Citadel
- B.A. (1981)
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- National Rifle Association
- Member & Approved Firearm Counsel Referral
- Current
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- Veterans of Foreign Wars Post #8779
- Member
- Current
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- State Bar of Tennessee # 012925
- Licensed Attorney
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- 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
- Security Clearance
- Defense Investigative Services
- Notary Public At Large
- Union County, Tennessee
- Emergency Action Messages
- United States Army
- Website
- Questions Answered
- Q. How to distribute $180K from joint bank accounts without tax consequences in SC?
- A: If you were a joint owner with your Mother then you own the account at her death and the Estate is not involved and does not pass through the Will. Check the signature card carefully. I know there are State taxes in SC, so that is your worry besides possibly a gift tax on the money going to your Sister. But that should be deemed the next of kin taking their property, not a gift since you are claiming the money as a next of kin as to your Sister. Consult with a SC attorney as to State taxes.
- Q. Can I inherit my father's guns without a will during probate in Arkansas?
- A: You are not an executor if no will is probated. Apparently you are the administrator and the heirs own those firearms as personal property of the Estate. Your lawyer needs to tell you who the heirs/next of kin is. Then get the other owners to agree in an Court Order for the firearms to be your sole property, with all other distributions noted. Later you will need to close the Estate. You may have to sell the firearms and distribute net proceeds to the Estate's interested Parties after claims are paid.
- Q. Need proof of relationship to deceased mother for financial matters.
- A: You need an HI attorney to help you make proper written demands. Recording an Affidavit of Heirship and supplying a death and birth certificates would definitely help. However those kind of assets probably went to her designated beneficiary, and suing the administrators (actually legally trustees) will be a jurisdictional nightmare. Also HI SOLs may have run.
