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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.

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
Fees
  • Free Consultation
  • Contingent Fees
  • Rates, Retainers and Additional Information
    Payment Plans with reasonable regular installments are encouraged
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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Languages
  • English: Spoken, Written
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
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)
The Citadel Logo
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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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
Websites & Blogs
Website
Questions Answered
Legal Answers
5991 Questions Answered
Q. Can children of the first marriage contest inherited houses?
A: The heirs of the decedent inherit his real property he owned at death, unless there is a probated will. It does not depend how many marriages he had. Most step children will not take, only his issue and his adopted children as well as surviving spouses. Sometime only non-issue heirs take. TN's Intestate Succession Statute is very similar to the other 49 States.
Q. How do I assume a mortgage? I inherited deed to a home.
A: The paperwork Ms. Whitehurst is probably referring to would be an Affidavit of Heirship, which would show your source of title. Hire an IN attorney to draft and execute it. If you do not assume the note personally then you take title subject to the note and security instrument (which is best as you are not personally liable on the note).
Q. What are my unemployed mother-in-law's options after her boyfriend's death and potential eviction in Tennessee?
A: Whenever the heirs file an Unlawful Detainer Action against her, she will need to go to Court. Ultimately the heirs will be awarded possession, and if Mother does not get out, a writ of possession will be executed on her. Before that she could ask the heirs for move expenses to get her out quickly.
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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
Wednesday: 9:30 AM - 7 PM
Thursday: 9:30 AM - 7 PM
Friday: 9:30 AM - 7 PM (Today)
Saturday: Closed
Sunday: Closed
Notice: I am usually available in the afternoons, but feel free to leave a message.