Arnold Garson Cohen’s Answers

Arnold Garson Cohen

Knoxville Business Attorney.

Contributor Level 15
  1. Do I need an lawyer to get a fair deal for a totaled truck after being hit by a semi-truck running a red light?

    Answered about 1 year ago.

    1. Christian K. Lassen II
    2. Daniel Nelson Deasy
    3. Charles Joseph Michael Candiano
    4. Troy Windel Marsh Jr.
    5. Michael R Crosner
    6. ···
    8 lawyer answers

    Yes.

    8 lawyers agreed with this answer

  2. Wife & I still living. Listed 2 children and spouses as remainderman on Life Estate. Need to refinance. Children wish to be

    Answered about 1 year ago.

    1. Jacob Shad Mason
    2. Arnold Garson Cohen
    3. Vance Tate Davis
    3 lawyer answers

    Mr. Davis has given you an important warning. There may be competing objectives here and there may be a way to satisfy each person's concern while not risking your future eligibility for Medicaid [TennCare] benefits. Talk with a local estate planning lawyer. It is also possible to refinance and give a deed of trust [mortgage] without the children and spouses becoming liable on the loan. More information is needed.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Beneficiary of a life ins policy

    Answered about 1 year ago.

    1. Arnold Garson Cohen
    2. Christian K. Lassen II
    3. Jennifer M. Porth
    4. James P. Frederick
    5. Tatiana Kadetskaya
    6. ···
    6 lawyer answers

    From your recitation the proceeds go to the estate and not the children. Whether you should probate the Will depends upon what other assets are available for probate administration and what you estimate to be the additional assets. If the only asset is the policy proceeds, then consider delivering the Will to the probate court and letting the funeral home initiate the probate administration as the creditor designated in the Will. You should have a lawyer analyze the policy and the Will...

    6 lawyers agreed with this answer

  4. In a death where there are creditors and a will can you tell me what probate means.

    Answered about 1 year ago.

    1. Charles Adam Shultz
    2. Christina Norton Norris
    3. Arnold Garson Cohen
    4. Edwin Arnold Anderson
    5. Jonathan Craig Reed
    5 lawyer answers

    Mr. Shultz is correct as to Tennessee probate also. You need a lawyer to help you and your wife determine the appropriate strategy in this case because there may be some options available. Depending on who died and left the property your wife may not be entitled to the property unless the Will is filed for probate administration. However, regardless of whether it is filed, the creditors have procedures whereby they can satisfy claims against the property. There are critical facts not...

    6 lawyers agreed with this answer

  5. Asst. apartment mgr has asked me to move into another unit due to noise in unit above me before my lease is up.

    Answered about 1 year ago.

    1. Arnold Garson Cohen
    2. Rixon Charles Rafter III
    3. Cheryl Rivera Smith
    3 lawyer answers

    Ms. Smith and Mr. Rafter have given good advice. Another possibility is that your lease or the printed rules and regulations of the landlord may provide you with some rights or leverage. You should provide copies to your lawyer in Davidson County and seek advice.

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  6. If you had a will but didn't get it signed before your medication & terminal illness took over, would a Judge still consider it

    Answered about 1 year ago.

    1. Arnold Garson Cohen
    2. Sarah Faith White
    3. Charles Adam Shultz
    3 lawyer answers

    Even a Will in his own handwriting would need to be signed. In this case it looks like either a pre-existing Will, if any, or, if none, then the Tenn laws of intestacy will govern the disposition of the estate. If there is no Will designating an executor or personal representative, then the closest next of kin would be eligible to be appointed to administer the estate in the probate court of the county in which your uncle resided at the time of his death. Since he has you and possibly other...

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  7. How can I find a small claim lawyer in Knoxville TN? For what kind of lawyer should I look?

    Answered about 1 year ago.

    1. Arnold Garson Cohen
    2. Christian K. Lassen II
    3. Adam Jay Jaffe
    3 lawyer answers

    You may locate personal injury attorneys on AVVO and you may call the Knoxville Bar Assn Lawyer Referral Service at 522-6522.

    5 lawyers agreed with this answer

  8. Is a will regulated by the state it was originally drawn up in or the last state they were legal residents of when they passed?

    Answered about 1 year ago.

    1. Gregory Herman-Giddens
    2. Arnold Garson Cohen
    3. Alan James Brinkmeier
    3 lawyer answers

    Wills must be probated in the county in which the decedent resided at the time of death. Typically the law of that state governs the probate procedures and the rights and obligations of the executor; but that normally means that the rights and obligations set out in the Will are to be followed.

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  9. Can I sue one (of three) tenants, if they move out, but the others stay?

    Answered about 1 year ago.

    1. Grover Christopher Collins
    2. Arnold Garson Cohen
    3. James Donald Garrett
    3 lawyer answers

    Although I agree with Mr. Collins, you should also determine what your lease requires of you and whether vacating by one tenant constitutes a breach of the lease. However, as long as the other two pay on time, you have not suffered a loss. Generally, if you sue on a lease signed by 3 people, your lawyer would likely advise you to sue all three.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can I be arrested for not paying back a payday loan in Indiana. I moved and forgot about picking up my check.

    Answered about 1 month ago.

    1. Arnold Garson Cohen
    2. Dana Howard Shultz
    2 lawyer answers

    Unless you gave a bad check for some service or product at the time of receiving it, you should not be prosecuted. I am out of my area of law here, but at one time making such threats of criminal prosecution to collect a civil debt in Tennessee constituted the crime of extortion. That statute may have been changed in more recent years, but that would be one of your inquiries of your lawyer n the event you are sued or prosecuted.

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