Dead Mans Statute Exceptions

Ask Your Question For Free

Summary

The Dead Mans Statute in Tennessee may not apply if the deceaseds representative introduces the testimony, in cases involving fraud, or if other witnesses are available. In personal lawsuits, the statute could be invoked, but exceptions exist. Replevin cases can be filed against individuals in possession of property. Personal property law in Tennessee allows free transfer of property unless restricted, and possession doesnt always mean ownership. Stolen property must be returned to the rightful owner. Consult a local attorney for specific advice.

Full Conversation

Is the dead mans statute invoked if it's a personal lawsuit against individual
In Tennessee, the Dead Man's Statute could be invoked in a personal lawsuit against an individual. However, exceptions exist such as:
- Testimony introduced by the deceased's representative.
- Cases involving fraud.
- When other witnesses can testify to the event.
Please consult a local attorney for advice tailored to your situation.
Replevin Case against person, not representative of estate, because they are in possession
In Tennessee, a replevin case can be filed against an individual in possession of property, not necessarily the representative of an estate. This is a matter of personal property law rather than estate law. Consult with a local attorney for specifics.
What is the personal property law of Tennessee
In Tennessee, personal property law involves:
- Property can be transferred freely unless restricted by law.
- Possession doesn't always mean ownership.
- Stolen property returned to rightful owner, regardless of who purchased it.
- Personal property includes tangible and intangible items.
Please consult with a local attorney for more detailed advice.