I cannot give you a specific recommendation, as these types of elder law matters are highly fact specific. However, you might want to look into the caregiver child exemption. Normally you cannot transfer the home within 5 years of the application for Medicaid benefits or it will result in a... View More

The terms of the trust itself will address the division of the property and the Trustee is the individual or entity in charge of carrying out those wishes. Those facts will address how the situation may be resolved.

However, you may want to consider some form of alternative dispute... View More

I’m sorry for your loss. If your father had no Will, then the estate passes by the laws of intestacy. Those laws provide that one half of the estate passes to his spouse and the other half passes to his children.

The estate does not include assets that pass automatically, such as joint... View More

I am sorry about your family's loss. I am happy to hear that your father at least attempted to write a Will. Most people do not make that effort and it can lead to problems after death.

In order to be a valid Will in Alabama the document must be signed, dated and witnessed by two... View More

If your husband was a resident of Alabama at the time he signed the Will, then to be valid it must be witnessed by two people. The notary could certainly serve as one of those witnesses, but more than one witness is required.

The grantor of the power can appoint one or more agents to serve by naming them in the document. It is important to note whether the power is "joint" (meaning all agents must agree) or "joint and several" (meaning any agent can act without consent of the other). In practice I do... View More

When a person dies without a Will, their assets pass to their heirs at law. In a situation where a single individual died with three children and left only a home, then that home passes in equal shares to the three children. After two years the home "vests" in the heirs and good title... View More

You do have rights as the beneficiary of a trust. The trust is governed by the laws of its "situs" (that basically means the domicile of the trust). Assuming it is Georgia, one of the code sections addressing your ability to obtain information is... View More

These situations can cause some unintended consequences in the event of an untimely death. I do not have enough facts to provide you specific advice, but I infer that your marriage may be later in life or even a second marriage. In those cases, if someone dies without a Will, the law in Alabama... View More

Yes. I usually tell clients that a "no contest" or "in terrorem" clause is enforceable in Alabama, however, courts will strictly construe these clauses, meaning that the court will almost look for a reason not to enforce the clause if possible. Nonetheless, these clauses can... View More

I am sorry for your loss. You can always hire an attorney to file a petition to remove the Administrator and seek to recoup expenses. However, when an Administrator closes an estate he or she must get the consent of the heirs. If the heirs refuse to consent, the probate court will hold a final... View More

As with most legal questions, there is a need for some additional facts before someone could give you a firm answer (e.g., time of death, type of property). In general, if a grandparent died intestate and his children survived him by more than five days, their share of his estate became a part of... View More

I am not sure if she would be able to help, but I would recommend Stephanie Booth. Her e-mail address is sbooth@gcelderlaw.com

Good luck!

I can provide some general information about the treatment of specific devises in a Will. You will of course need to speak with an attorney to discuss the specific application of the law to your situation (as some additional facts would be helpful in providing a final answer). First, you are... View More

In these situations his estate is entitled to the proceeds as well, therefore the bank needs a representative of his estate to sign off on the check. The general way to get a representative of an estate is to petition the local probate court to be named as the Executor (if there is a Will) or as... View More

If your brother is on Medicaid in Alabama the best solution may be a special needs trust. He could keep the assets and they would be available through a Trustee for his benefit. As the trust is a special needs trust, he would not lose government benefits. As with most legal cases, so much... View More

An attorney would need some more information and clarification before being able to provide you with a firm answer For example, it depends on whether the estate has been opened. If opened, then she would need to file a resignation with the court and a settlement for her time as executor (which... View More

It stands for "Domestic Relations," indicating that the case is in the Domestic Relations (i.e., Divorce) section of the Circuit Court.

I am sorry for your losses. It is hard to give a specific answer that you can rely upon, as some additional information is necessary. However, in general the estate will be responsible for paying for those expenses. If you continue to live in the home, the estate (through the Executor) may... View More

I agree with Nina's answer. I want to also add that a Will must be probated within 5 years of the date of death. If it has been longer than 5 years, you can still transfer title to real property without a Will by using "heirship affidavits." A local real estate attorney (closing... View More