Anthony M. Avery
Criminal Defense, Real Estate & Probate Matters
Longtime member of the Tennessee Bar, with extensive Jury Trial experience. I am widely 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, Discovery against the State's Witnesses and Evidence, and Bar Prosecution As Violative of the Statute of Limitations. 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 and Land Partition Suits. In Criminal Defense 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 or ATACM 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. For my services in the Iraq War, I was awarded the Combat Action Badge.
- Criminal Law
- Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
- Real Estate Law
- Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
- Probate
- Probate Administration, Probate Litigation, Will Contests
- DUI & DWI
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- White Collar Crime
- Divorce
- Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
- 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, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning
- Traffic Tickets
- Suspended License
- Appeals & Appellate
- Civil Appeals, Federal Appeals
- Landlord Tenant
- Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
- Veteran's Disability
- Firearms
- Boundary/Title Disputes
- Title Insurance Claims
- Free Consultation
- Contingent Fees
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Rates, Retainers and Additional Information
Payment Plans with reasonable regular installments are encouraged
- 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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- University of Memphis Cecil C. Humphreys School of Law
- J.D. (1987)
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- The Citadel
- B.A. (1981)
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- National Rifle Association
- Member
- Current
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- Veterans of Foreign Wars Post # 8779
- Member
- Current
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- Department of Veterans Affairs # 39253
- Accredited Counsel
- - Current
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- State Bar of Tennessee # 012925
- Licensed Attorney
- - Current
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- 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
- Security Clearance
- Defense Investigative Services
- Q. Does a lawyer need to be involved in divorce if one of the parties has a 401k? Both parties agree on who will keep it.
- A: If the party without the 401K wants any part of it, a very good lawyer will be required even if there is an agreement. QDRO's are very stringent and few attorneys (and Judges) know anything about them. Knowingly giving up a marital interest in property is a serious thing.
- Q. +JMJ+ Do I have access to my property which is on a private road and the road goes through 8 properties before mine if
- A: You are going to need a competent attorney to conduct several title searches to see if any of the properties are encumbered or benefited by an express easement. You may have an easement by prescription only, or not at all. And it sounds like the "8th" property only recites being a dominant tenement, not being encumbered by a row, which might be worthless, especially to your property. In any event a declaratory judgment action may be necessary if you are encountering access problems.
- Q. How can I find out who can do an inventory and appraisement for land in South Carolina?
- A: If you are issued Letters of Administration, then you have the authority and legal duty to marshal up assets of the Estate yourself. If you do not, then you will probably be removed. Talk to a competent attorney as Probate may not be needed or someone else might need to be the Administrator.
