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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, Field Artillery Observer, 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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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. Validity of a non-notarized property contract and warranty deed dispute in Mississippi
A: You will need a MS attorney to examine the document. But land is conveyed by an executed and delivered Deed, not just a contract to do something. Who is the grantee? He does not need to sign the Deed. If the document can be construed as a Deed, then any proper grantors have already conveyed their interest to the grantee, making the grantee with the other two disputing signers at least tenants in common where partition may be needed. You have not described the document sufficiently here so again consult with a MS attorney as you are confused and a notarized contract is rarely a Deed.
Q. Enforceability of physician non-compete in TN community
A: There is a good chance that the other contracting party will enforce it if you set up shop. It is possible that it is absolutely enforceable, so the financial risks are high. But 20 miles is a small radius, so you should be able to find an office close to your chosen town. And 2 years is a short period to rent. I doubt some type of public policy will obviate contract terms.
Q. What can be done to preserve deceased grandmother's property without a will in Tennessee?
A: Hire an attorney to determine heirship, draft an affidavit and record same. Those heirs as tenants in common should then start paying the note, taxes, insurance, etc. They can then either deed it to one owner, or sell it. Assuming no other liens, creditors can file probate also. It might take over a year for the title to be merchantable and free of possible claims. If note is not paid foreclosure will occur, and heirs will not be notified.
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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 (Today)
Tuesday: 9:30 AM - 7 PM
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.