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Alabama Questions & Answers
1 Answer | Asked in Workers' Compensation and Constitutional Law for Alabama on
Q: Can I use for work comp as long as medical is open? Even if it's been over 2 years?

It's been just over 2 years, but medical is still open, they offered 1000 and was gonna keep medical open but I didnt take money

Jeffrey G. Blackwell
Jeffrey G. Blackwell answered on Jun 23, 2021

The short answer, is yes. Medical benefits are not currently subject to the two year statute of limitations. They are legally available for the remainder of your life. If you are still suffering problems from your accident and injury, you should seek medical care as soon as possible. Keep in mind,... Read more »

1 Answer | Asked in Personal Injury, Real Estate Law, Animal / Dog Law and Civil Litigation for Alabama on
Q: Myself and 8 others own an undivided lot lot with boathouses and lake access. a new is using the lot. Can he w/o permi?

The new neighbor lives adjacent to our undivided lot and got the idea if he kept it up then they could use it for extra room when having get togethers. I am concerned about injuries and them claiming the lot for themselves since they kept it up and used it for all those years. Am I correct in... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 23, 2021

I believe you have answered you question: contact an attorney in your area, discuss your situation and/or give him the above post, and ask what to do/what does he recommend.

1 Answer | Asked in Gov & Administrative Law for Alabama on
Q: As my unjustly TPR without due process hearing was in session the judge was chowing down thoughts?
Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2021

I don't see it but I suggest you contact Legal Aid, ask to talk to someone in the administrative law , By the way, explain what TPR is. I don't think it's "total physical response."

many times benefits judges can't leave the bench so the Judge may have to eat...
Read more »

1 Answer | Asked in Car Accidents for Alabama on
Q: Daughter had accident in my uninsured car. She was at fault. Will I loose my licence? We live in Alabama.

She pulled out in front of someone. Neither had injuries. Both cars totaled. What consequences do I face myself?

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

1) you will owe the other person for at least their car; if their insurance pays for it you owe their insurance

2) Both of you could be ticketed, possible license suspension in some states.

You need to contact an attorney who handles traffic violations in the county where it happened.

1 Answer | Asked in Child Support for Alabama on
Q: My daughter is 18 and leaving for the military. Can I be taken off child support? We live in Alabama.

Is she considered emancipated, leaving at 18 for the military?

Kristine Jones
Kristine Jones answered on Jun 11, 2021

Hello. Thanks for your question. If you have another child you are paying support for, you will need to file a petition to modify child support so the court can recalculate support for any remaining children. If you only pay support for the child who is entering the military, you can try filing... Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: I am the personal representative for my parents’ estate. Does their credit union have to let me transact on the account

They have all necessary papers to prove I am personal representative. My parents’ estate is receiving stock dividend checks and the credit union is rejecting them. They refuse to deposit anything saying that I cannot transact on the account. It is difficult to get everything changed over to the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 1, 2021

Try contacting the issuers of the stock dividend checks and tell them that your parents are deceased. Provide death certificates and letters of administration and get them to re-issue the checks to you as PR of the estate(s) and then you can deposit the dividend checks to the estate account.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: If mom is primary custodian of child and child decides he wants to live with father does mom have to pay child support
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 24, 2021

Only if you go back to court and modify support. Also, the child does not make the decision who who he wants to live with.

1 Answer | Asked in Traffic Tickets for Alabama on
Q: My friend has a failure to appear for state trooper ticket can she bond out
Randy Bryan Ligh
Randy Bryan Ligh answered on May 17, 2021

Assuming this is a traffic ticket and no great bodily harm was caused, it is highly unlikely you will be detained for your failure to appear if you go to court and answer for the bench warrant. Actually, I would call the court house and ask them and they most likely will tell you the amount of the... Read more »

2 Answers | Asked in Social Security for Alabama on
Q: My nephew is paralyzed from a stroke - no assets or insurance. Can an attorney expedite SSD and Medicare benefits?

He is 50 with a 15 year old. Has not been employed for a couple of years. Brook wood is trying to move him as soon as they can find a facility that will take him without insurance, may even be out of state. He is not getting the physical therapy he needs.

Kenneth Prigmore
Kenneth Prigmore answered on May 17, 2021

The short answer is yes. An attorney can gather the medical evidence and send it all in at the start. I have seen this happen with a paralyzed client in the past. If you have clear evidence, it can go very quickly. Mine took less than a month. I am not taking clients, but I am sure you can find a... Read more »

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1 Answer | Asked in Elder Law for Alabama on
Q: How do you name two agents on a Durable Power of Attorney?
Jack T. Carney
Jack T. Carney answered on May 14, 2021

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... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: mom passed away her name was first on the home with my step dad second She didn't have a will as her child do i get part

I've lived in the home have taken care an maintain all needs of home. Step dad remarried and now his new wife wants to push me out of home and sell property? Do I have any rights to do anything

Anthony M. Avery
Anthony M. Avery answered on May 12, 2021

From your statement of facts, apparently stepdad has the title. Hire an attorney to search the title.

1 Answer | Asked in Uncategorized for Alabama on
Q: Which article would be the correct article for a cattle company llc. Title 10A Chapter 5A Article 11 or Article 8

Selling beef to the public, restaurant and grocery store

William Vann Burkett
William Vann Burkett answered on May 11, 2021

Any time you are starting a business or entering into a significant transaction it is wise to work with an attorney. The articles you mention are relevant to L.L.C.s that perform professional services and "series" L.L.C.s. These provisions may apply depending on whether you have formed an... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: A mortgage to secure option in Alabama?

I’m purchasing an option for 10,000 to buy the property for 250k within the next 20 years, however, I want to make sure the option is secure and won’t be closed over the top of. Can I use a mortgage or another security instrument to keep my option in place?

William Vann Burkett
William Vann Burkett answered on May 11, 2021

Any time you are dealing with a real estate transaction it is wise to work with an attorney. They will be able to advise you of the individual provisions of the option contract and how each influences your rights down the road. Generally, agreements and documents affecting title to land may be... Read more »

2 Answers | Asked in Immigration Law and Gov & Administrative Law for Alabama on
Q: Why my AL DL says FN? My previous ones used to be normal. Have Permanent Residence card for 30+ years.

2009 Alabama Code

Title 32 — MOTOR VEHICLES AND TRAFFIC.

Chapter 6 — LICENSES AND REGISTRATION.

Section 32-6-10.1 Foreign national Alabama driver's license /non-driver identification card/vessel license.

Section 32-6-10.1

Foreign national Alabama... Read more »

Kevin L Dixler
Kevin L Dixler answered on May 6, 2021

Because the current elected officials of the State of Alabama likely have some misperceptions about immigrants and want to label you.

If you don’t like the label, complain to your ‘State’ representative and Senator. What it is doing ‘may’ be against Federal law in that it may...
Read more »

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2 Answers | Asked in Child Custody, Family Law and Juvenile Law for Alabama on
Q: Daughter is 16 and pregnant by her 17yr old boyfriend. His parents are threatening to take the child away from her.

His parents are threatening to take the baby away from her (when the baby is born) if she stops seeing him. He is verbally and emotionally abusive towards her, has exhibited controlling behaviors towards her. She believes they can do this based on what they told her a police friend told them they... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on May 4, 2021

If you wish to discuss this matter off line please feel free to contact me. This type of adult on child abuse makes me very angry and I would rather not air my feelings on this subject here as some may find it offensive. To start with the ages, depending on the birth dates involved, do not... Read more »

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1 Answer | Asked in Child Custody for Alabama on
Q: I have a 24yr old daughter where I owe arrears, there have been periods where I honored my child support orders but when

I didnt honor them I was incarcerated, in fact I was in prison when I received the order for child support. Unfortunately, I've been to prison 3 different times while she was a minor making it impossible to make payments. I have recently found a job but I'm being garnished because of the... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 3, 2021

Your problem is this, past due child support payments are final judgements each month they remain unpaid. A court does not have the power relieve you of that. You may be able to get relief from some of the interest due, but the fact that you didn't pay while in prison does not help. You can... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: If you have co owners to a property and one has not been seen in 15 years can you have them forfeit it?

My stepfather deeded his land to my 6 year old son and his daughter in law before he died in 2006. We have not seen daughter in law since. We pay taxes and maintain property and now my son is of age and would like to set up residence on land but a little scared she will come up 10 years down the... Read more »

Amanda B Cook
Amanda B Cook answered on Apr 30, 2021

There is a slight chance that ousting a co-tenant can be successful but it takes at least ten years, knowledge of her whereabouts, and specific actions on your son's part which would necessitate him consulting with an experienced real estate litigator. It is such a rare occurrence that... Read more »

1 Answer | Asked in Immigration Law for Alabama on
Q: Can my immigrant wife wife use a Job offer (contract), instead of using a cosponsor for income?

We received, Request for Evidence (Form I-485) from USCIS (issues with Cosponsor).

However, my wife was just offered a job, making over $100,000 a year plus signing Bonus, contract ready to be signed.

But my wife has not received an 'Authorization for Employment' approval... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Apr 28, 2021

No. The sponsor must show sufficient current income.

1 Answer | Asked in Immigration Law for Alabama on
Q: Will an immigration attorney work on a contingency basis?

We received, Request for Evidence (Form I-485) from USCIS.

My wife was just offered a job, making over $100,000 a year including signing bonus, contract ready to be signed.

But does not have an Authorization for Employment' approval.

My wife is very worried.

Any... Read more »

Agnes Jury
Agnes Jury answered on Apr 28, 2021

A contingency fee agreement is a form of billing that allows for an attorney to be paid a percentage of the damages awarded at the end of the case instead of an hourly rate. In contingency arrangements, the attorney agrees to take on the case without charging their regular hourly fees. This is... Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for Alabama on
Q: Will my child be required to testify in court in a sexual abuse case he is 4. He did an interview with dhr.
Travis T Juneau
Travis T Juneau answered on Apr 26, 2021

Children under 12 do not have to testify in sexual offense criminal cases see Section 15-25-31 of the Code or Alabama. It says "An out-of-court statement made by a child under 12 years of age at the time the statement is made concerning an act that is a material element of any crime involving... Read more »

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