Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
Real Estate, Criminal Defense & Probate Matters
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.
- 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
- Veteran's Disability
- Title Insurance Claims
- Actions for Forced Partition Sale of Real Property
- Free Consultation
- Contingent Fees
-
Rates, Retainers and Additional Information
Payment Plans with reasonable regular installments are encouraged
- Tennessee
- United States Court of Appeals for the Sixth Circuit
- United States District Court for the Eastern District of Tennessee
- United States Tax Court
- English: Spoken, Written
- 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
- -
- 2nd Armored Division; 278th Armored Cavalry Regiment
- University of Memphis Cecil C. Humphreys School of Law
- J.D. (1987)
- The Citadel
- B.A. (1981)
- National Rifle Association
- Member & Approved Firearm Counsel Referral
- Current
- State Bar of Tennessee  # 012925
- Licensed Attorney
- - Current
- 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
- Website
- 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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