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Anthony M. Avery

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

Longtime member of the Tennessee Bar, having practiced law in 64 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 or ATACM 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.

Practice Areas
    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
Additional Practice Areas
  • Boundary/Title Disputes
  • Firearms
  • Veteran's Disability
  • Title Insurance Claims
  • Actions for Forced Partition Sale of Real Property
Fees
  • Free Consultation
  • Contingent Fees
  • Rates, Retainers and Additional Information
    Payment Plans with reasonable regular installments are encouraged
Jurisdictions Admitted to Practice
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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Languages
  • English: Spoken, Written
Professional Experience
Attorney
Anthony M. Avery, Attorney
- Current
Targeting Officer, Radar Officer, Nuclear Weapons Technical Operations Evaluator, Artillery Survey Chief, Field Artillery Observer & Field Artillery Ammunition Officer
Field Artillery, United States Army & Tennessee Army National Guard
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2nd Armored Division; 278th Armored Cavalry Regiment
Education
University of Memphis Cecil C. Humphreys School of Law
J.D. (1987)
University of Memphis Cecil C. Humphreys School of Law Logo
The Citadel
B.A. (1981)
The Citadel Logo
Professional Associations
National Rifle Association
Member & Approved Firearm Counsel Referral
Current
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State Bar of Tennessee  # 012925
Licensed Attorney
- Current
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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
Certifications
Security Clearance
Defense Investigative Services
Notary Public At Large
Union County, Tennessee
Websites & Blogs
Website
Questions Answered
Legal Answers
4597 Questions Answered
Q. I want to contest part of the will but I do not know how to contest in a probate case?
A: You will need a MN attorney to contest a Will filed for Probate. You may or may not have a cause of action. Obviously 2 Wills cannot be filed for Probate by the same proponent. But it sounds like you do not have either Will, which is a problem to probate the actual Will, and you must have standing as a potential legatee, devisee or an heir/next of kin.
Q. Can you be granted a 2nd easement through another property because your current one is overgrown?
A: No... A recorded easement needs to be in the servient tenement's chain of title, not in the title of the dominant parcel. You do not "petition the county". You must file suit, usually in Chancery. More than likely landowner wanting to use the ROW will need to go to Court to get easement maintenance.
Q. How do I account for vendor's interest in a land contract when completing inventory of estate?
A: The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not having anyone to give her a Deed.
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Contact & Map
Anthony M. Avery, Attorney
The Walnut Building
706 Walnut Street, #304
Knoxville, TN 37902
Telephone: (865) 637-3035
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