Skip to main content
Edwin Arnold Anderson

Edwin Anderson’s Answers

1,666 total

  • What can & can't I do to change this? Can I file for emergency custody and or enroll her in school here since he intended to?

    I have a set parenting plan for my daughter stating that we may reopen our case November of this year. And that only then may established custody (which is shared as of now) determine where she attends school (TN or WA). She's already of age for ...

    Edwin’s Answer

    Based only on what you have written here, it sounds as if you haven't been able to work things out by agreement. A lot of times you can benefit from taking the other parent to a non-adversarial setting (like in a mediation). Probably, it is required in this case.

    As for emergency custody: I don't see any emergency here from your side. However, you should be aware that if the children are out of state, dad could file his own emergency action in the other state and you would need to fight it from 2,500 miles away. With all these risks, you might be better off to try and settle the issue rather than litigate. It can be expensive to pay a lawyer to litigate.

    Good luck.

    See question 
  • Legal advise for a wife of 14 yrs., whose husband is the sole owner of the property, upon his death.

    This husband has put everything into his daughter's name, and not the wife's name, upon his passing, and He posses a piece of handwritten paper, which has been notarized.

    Edwin’s Answer

    Tennessee law favors married people, but you need to take action to protect yourself now. Under Tennessee law, a spouse can't write another spouse out by using a Will. The surviving spouse is entitled to what is called a "spousal share" of the estate, plus at least one-year's support. A good lawyer can probably help you live in the marital home until your death.

    There are time limits which you must follow. Your best move is to go see a good lawyer who does probate litigation (be sure they are willing to litigate! Some aren't!). Given the nature of this issue, you probably want one who does probate litigation and divorce litigation as the issues are likely to overlap.

    Use the "find a lawyer" button to locate somebody near you. Then, go see the lawyer right away. Good luck

    See question 
  • Eviction dispute process?

    I was never served and therefore missed court. The apartment complex put an eviction under my name.

    Edwin’s Answer

    First issue is: Did you pay the rent? If the answer to that question is No, then you will likely lose in the end anyway.

    In an eviction case, the landlord may post a Detainer Warrant on the front door. This is called Service by Posting. If this was the case, the judge can award a judgment for possession and not for money.

    If the judgment is less than 10 days old, you can appeal to Circuit Court. You'll need to post a bond.

    If the judgment is more than 10 days old, you'll need to Petition the Circuit Court for a Writ of Certiorari, or convince the General Sessions Judge to set the judgment aside. Either method will probably require the help of a lawyer.

    See question 
  • Our landlord bullied us out of the house, we were only there two weeks and we had to call the cops, we were advised to vacate.

    We were advised to leave for our safety. We lived there for two weeks and we have paid $1, 125, not to mention money spent on moving furniture in and out on short notice, my girlfriend is in her third trimester and is extremely stressed out what ...

    Edwin’s Answer

    Put the health of your family ahead of any legal dispute. Deliver the baby without the stress of a lawsuit pending. When the baby is here and everything is settled, go to a lawyer about your situation. Probably you have a year to file suit if necessary.

    See question 
  • Is cybersex/phone sex between two minors considered child pornography in Tennessee?

    If I, a minor, were to engage in phone/cybersex with my significant other, another minor, would that be considered child pornography, or otherwise illegal, in the state of Tennessee? I am referring to audio-only "sex" between two consenting minors...

    Edwin’s Answer

    It's not worth the risk. Don't do it.

    See question 
  • If there is a will , 11 heirs , brother is executor, one year has passed , nothing done, what happens

    Mother owned 34 acre family farm, 11 children, one son, executor, but is cluless, what do u do as an heir. There is a will. Staes she leaves all her wordly possessions to her beloved children and names each one

    Edwin’s Answer

    Looks like you posted this several times. There are good answers on some of your other posts.

    See question 
  • 11 siblings, inherited family farm, no probate set up, this week makes one year since mothers passing, nothing done, brother exe

    brother is executor of will , states he leaves all possessions , farm, equipment , etc. to all 11 children. Has been one year. I have not stepped foot in my mothers house, but 3 have keys. What happens now, need closure

    Edwin’s Answer

    Has an estate been opened? Being named executor doesn't make you executor. You must be appointed by the Court.

    If your brother has done nothing, hire your own lawyer to push things along. Given his recalcitrance, you can ask the court to appoint you, despite what is requested in the Will. If you can't find a lawyer in your home town, call Matthew Duggin in Knoxville at (865) 357-9988.

    See question 
  • I need legal help concerning charges of leaving the seen of an accident

    I was arrested on Nov5 for a warrant and found out my license had been revoked due to accident happening on Feb3 when the other party did not want to contact the police and the owner of the vehicle gave her insurance info and contact info now 9 mo...

    Edwin’s Answer

    Your case is not a car accident case so I have re-tagged it as a criminal defense issue. You are going to need a lawyer to straighten this out.

    If you are in East Tennessee, hire Nick Lee to represent you. The man handles only criminal defense and he knows what he is doing. Here's the link to his Avvo profile.

    See question 
  • I have a question about estate settlement after death. A home was left to me that has a mortgage,

    I have lived with a woman for 37 years but we never married. We bought a house in 1993 and I paid it off in 2005. In 2008 we took out a loan to make improvements and the home is in her name. We both drew up wills leaving everything to each other a...

    Edwin’s Answer

    I am sorry about your loss. You are going to need to open a probate to get the home into your name. Eventually the bank will learn of the death and call in the note. They could foreclose, even if you are in the home.

    Call attorney Matthew Duggin in Fountain City. He is very reasonable and will know how to advise you. His number is (865) 357-9988. Make sure you handle it correctly on the front end and save a lot of hassle down the road.

    See question