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Anthony M. Avery

Anthony M. Avery

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 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.

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)
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Professional Experience
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
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
Emergency Action Messages
United States Army
Professional Associations
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
- Current
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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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Fees
  • Free Consultation
  • Contingent Fees
  • Rates, Retainers and Additional Information
    Payment Plans with reasonable regular installments are encouraged
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
  • Title Insurance Claims
  • Curing Title Defects
  • Actions for Forced Partition Sale of Real Property
  • Removing Void Judgment Liens of record
  • Veteran's Disability
  • Asset Protection
  • Exemption Rights
Languages
  • English: Spoken, Written
Legal Answers
Q. Life insurance company requesting medical records after heart attack and cancer
A: Who is the designated beneficiary? Only that person has standing to make a claim on the policy. Insurance carrier is probably looking for a false statement of medical condition made by your Father. It may be impossible to get the medical records unless there is a probate administration, which may not be needed or feasible. Depending on the policy amount, I would hire an attorney to walk you through the claim process, which may include not providing the requested records which may be required in the contract of insurance.

If the amount is under $ 25K, breach of contract suit in General Sessions might be the easiest, quickest remedy.
Q. Seeking closure of legal holdings & funds with Power of Attorney dispute in NJ.
A: You need to revoke that power of attorney. Make several original duplicates of the revocation and record them in any appropriate NJ and NY Counties. Also send copies of the revocation to any relevant brokerage houses or other businesses that handle your properties. This revocation should have been done long ago. If there are any active Court cases, notify those Courts of your revocation also.
Q. Can a co-owner sell half of a property without consent in TN?
A: In Tennessee we have either tenants in common or joint tenants with rights of survivorship. That alleged estate comes up alot and causes many title problems. Usually Courts will find the joint tenancy is destroyed, but sometimes find only a survivorship interest is conveyed to the third party. You can convey your interest, but do not execute a warranty deed. You will need to get a conveyance from you, your Sister and the now other tenant in common to convey to your intended grantee. It can be through 1, 2 or 3 deeds.

A quiet title action might be required, but you should be able to coerce your Sister to convey. That new TIC will want money for his transfer. If nothing else, you will have to file a Partition Action. Hire a TN attorney to search the title and determine present ownership. ... Read More
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Websites & Blogs
Website
Questions Answered
Contact & Map
Anthony M. Avery, Attorney
140 Court Street
Maynardville, TN 37807
US
Telephone: (865) 637-3035
Monday: 9:30 AM - 7 PM
Tuesday: 9:30 AM - 7 PM (Today)
Wednesday: 9:30 AM - 7 PM
Thursday: 9:30 AM - 7 PM
Friday: 9:30 AM - 7 PM
Saturday: Closed
Sunday: Closed
Notice: I am usually available in the afternoons, but feel free to leave a message.