Longtime member of the Tennessee Bar, having practiced law in 65 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.
- 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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- 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
- 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
- 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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- 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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- Free Consultation
- Contingent Fees
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Rates, Retainers and Additional Information
Payment Plans with reasonable regular installments are encouraged
- 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
- English: Spoken, Written
- Q. My deed includes a right of way through my neighbor’s adjoining land for the only available access to nearby public road
- A: Reciting a ROW in your Deed and/or chain of title means nothing. The Easement must be in the servient tenement's title. Hopefully you have an express Easement or at least by Prescription. You must hire an attorney to search both titles, and probably file suit to Declare or Enforce a ROW. It will not be easy or cheap. Otherwise your property is worthless.
- Q. a piece of property next door to me, original owner was alive, he verbally handed over to me in case of his death.
- A: Hire an OK attorney to search the title and determine ownership. Without a deed a non heir does not take, and your oral gift violates the Statute of Frauds. So you might make a deal with his heirs. See if taxes are delinquent also, as a tax sale might be available.
- Q. Division of inheritance when one or more children die. Spousal and grands concern. Following is more in depth question.
- A: You could convey to each of the three kids as joint tenants with right of survivorship. Rarely do I suggest that estate but it appears to meet your wishes. However during the three, then two childs' lives somebody has to pay taxes, insurance and possibly a deed of trust note. Also the surviving child takes the fee which would then be subject to his heirs taking, which could include a spouse. A deed takes effect now. A trust might be created, but you better have a reliable trustee and successor trustees.
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- Questions Answered