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Alabama Questions & Answers
1 Answer | Asked in Contracts for Alabama on
Q: What to Do If You Sign a Car Title Wrong When Leasing a Car and There is Incorrect Information from the Lienholder?

I went in to refinance my 2006 Ford Mustang, but they put down a 2012 Ford Edge instead on the contract. Would I legally still have to pay on the loan?

James L. Arrasmith
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answered on Apr 13, 2024

If you signed a contract with incorrect information, such as the wrong vehicle model and year, it is important to address this issue as soon as possible with the lienholder or leasing company. Here are some steps you can take:

1. Contact the lienholder: Reach out to the lienholder or...
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1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Mom died without a Will. She has a home with a mortgage and a car.

Probate has been opened and I’m the personal representative. My sibling took my moms car without my knowledge and won’t bring it back so that it can be sold. What are my options? Can I go and get the car? Can I withhold any money distribution until it’s brought back?

James Blount Griffin
James Blount Griffin
answered on Apr 12, 2024

That vehicle, if titled solely in the name of the decedent, is the estate's property. If you are personal representative, you are responsible to the estate, the court, the creditors, and the heirs to reclaim lost property. When there is no will, your duty to and supervision by the probate... View More

1 Answer | Asked in Tax Law for Alabama on
Q: I received stock at the disullution of a trust. Do I get any step up in basis? Do I pay taxes on the full amount at sell

Upon the death of the trustee I received stock shares in a privately owned corporation. Do I get a step up in basis for stock valuation?

The other stock was that was owned outright by my father was designated to go into a new trust. Does the trust get a step up on basis for stock valuation?... View More

James L. Arrasmith
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answered on Apr 11, 2024

When you receive stock from a trust, the tax implications can vary depending on the specific circumstances. Here's a general overview, but please note that it's always best to consult with a tax professional for personalized advice.

1. Step-up in basis for inherited stock outside...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: How long do you have to start settling someone's estate
James Blount Griffin
James Blount Griffin
answered on Apr 9, 2024

A will must be probated within five years in Alabama, or cannot be probated at all; you would then have to open the estate as if there had been no will. Also, if you don't get the estate open and moving, heirs might die and debtors might file for bankruptcy. If the people actually nominated... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I want to sue some one for trying to take advantage of me with property and unlawful eviction.
James L. Arrasmith
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answered on Apr 6, 2024

I understand that you feel you have been wronged and are considering legal action. Suing someone is a serious decision that requires careful consideration. Here are some steps you can take:

1. Document everything: Keep detailed records of all interactions, agreements, payments, and...
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1 Answer | Asked in Criminal Law and Constitutional Law for Alabama on
Q: Does double jeopardy law apply in Alabama when the same charges and facts of a case are used twice for convictions

If someone's probation was violated for catching certain charges and he was told in a quart of all that his probation was being violated because of those charges and had papers showing the charges on there as the exact reason why they're sending them back to prison and years later when he... View More

James L. Arrasmith
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answered on Apr 4, 2024

In the United States, the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution protects individuals from being prosecuted or punished twice for the same offense. This protection applies to all states, including Alabama, through the Fourteenth Amendment's Due Process Clause.... View More

1 Answer | Asked in Family Law for Alabama on
Q: What's the difference between being 18 and being 19 in Alabama. From my understanding there is little to no difference?

I'm in a situation where I want to move to flordia with my boyfriend and his biological dad but my parents are very against it. I need to know if they can legally stop me from going. I'm 18 but not yet 19 which in Alabama is the age of majority. But what's the difference? What can a... View More

James L. Arrasmith
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answered on Apr 3, 2024

In Alabama, there are a few key differences between 18-year-olds and 19-year-olds in terms of legal rights and responsibilities:

1. Age of majority: In Alabama, the age of majority is 19. This means that at 19, you are considered an adult for most legal purposes, whereas at 18, you are...
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1 Answer | Asked in Family Law for Alabama on
Q: Can I move to flordia from Alabama at the age of 18 without my parents permission.

My boyfriend might be having to move to flordia with his bio dad because of family issues and his bio dad said I could come to but my parents don't want me going. Could my parents stop me from going with my boyfriend to flordia even though I'm 18? I don't knoe if me going without... View More

James L. Arrasmith
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answered on Apr 2, 2024

As an 18-year-old in Alabama, you are legally considered an adult and have the right to make your own decisions about where to live, even if your parents disagree. Your parents cannot legally prevent you from moving to Florida with your boyfriend.

The age of majority (legal adulthood) is 19...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: I injured my hip 4 years ago and I had surgery well the blood was compromised going to the bone and they told that it

Look good . Well the bone fell apart and I went to see them last week and he supose to set up appointment for surgery that same afternoon and I haven’t herd anything and they want answer any of my messages

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2024

An Alabama attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. You may have already succeeded in arranging for emergency surgery by now, but if not, one option is to reach out to a law firm to try to set up free initial consult to discuss. You... View More

5 Answers | Asked in Bankruptcy and Real Estate Law for Alabama on
Q: My brother sold family land to me and I haven’t gotten it put in my name. He filed bankruptcy without telling me.

Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.

James L. Arrasmith
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answered on Apr 4, 2024

I'm sorry to hear about the difficult situation you're in with the land purchase from your brother. This is a complex legal issue, and the best course of action will depend on the specific details of your case. Here are a few general points to consider:

1. Bankruptcy proceedings:...
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5 Answers | Asked in Bankruptcy and Real Estate Law for Alabama on
Q: My brother sold family land to me and I haven’t gotten it put in my name. He filed bankruptcy without telling me.

Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.

Anthony M. Avery
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answered on Apr 1, 2024

BR Trustee will claim title to that parcel. unless Debtor is able to exempt it. If so, after about 2 years you should be able to get it transferred to you. If part of the BR Estate, then you can try to buy it from Trustee. You and Brother need to talk to the BR attorney.

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5 Answers | Asked in Bankruptcy and Real Estate Law for Alabama on
Q: My brother sold family land to me and I haven’t gotten it put in my name. He filed bankruptcy without telling me.

Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.

Paul  Burkett
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answered on Apr 1, 2024

This is not legal advice as to this specific question or case you have submitted but information I believe is relevant to your question. That said you should hire a lawyer to navigate all the possibilities before you. In general, these types of cases can involve many documents a lawyer will want to... View More

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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: What is the law on renting an RV spot in Alabama? Can the landlord keep my RV from me?
James L. Arrasmith
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answered on Mar 31, 2024

In Alabama, the laws regarding RV spot rentals and landlord-tenant relationships are primarily governed by the Alabama Manufactured Home Park Act. Here are some key points:

1. Landlord's lien: In Alabama, a landlord does not have the right to keep your RV from you due to unpaid rent or...
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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Can my landlord keep me from getting my rv ?

I rented a lot for 300 per month. I got behind a month and the landlord said I had to leave but would not let me take my rv. There is not written lease agreement other than a note she sent to the food stamp office for me.

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems that your landlord is not allowed to keep you from retrieving your RV, even if you are behind on rent. Here are a few key points to consider:

1. No written lease: Without a written lease agreement, the landlord has limited legal...
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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Loser rented me an apartment in 2019-23 that does not belong to him.What to do now?
James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear that you were the victim of a rental scam. That must be an incredibly stressful and upsetting situation. Here are some steps I would recommend taking:

1. Gather all documentation related to the rental, including any lease agreements, rent receipts, written...
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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Can a landlord stop me from moving my camper and storage building.

I own my camper and storage building I only rent the land. Been here for 2 years, he gave me a 30 day notice to vacate. I'm on a fixed income and have not been able to find anything yet but still trying every day. He has not filed an eviction yet. I got a text message stating that they were... View More

James L. Arrasmith
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answered on Mar 31, 2024

In Alabama, if you own your camper and storage building and are only renting the land, the landlord generally cannot prevent you from removing your personal property after giving you a 30-day notice to vacate. Here are a few important points to consider:

1. Eviction process: If the landlord...
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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Can a pet deposit be held if there is more damage than security deposit but no damage definitively caused by a pet?

Between a 2-day notice to vacate in breach vs 30, excess power usage, and damage, there are a couple thousand dollars balance vs a $1350 security deposit. Additional pet deposit: $350 ($100 non-refundable cleaning fee). 50# dog was, for a time, being housed in the bathroom, confirmed via text.... View More

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answered on Mar 30, 2024

In situations where damage to a property exceeds the security deposit and there's a separate pet deposit, attributing specific damages to the pet can be complex. Generally, the purpose of a pet deposit is to cover any additional costs incurred due to the pet's presence. If there is damage... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Alabama on
Q: How to prove someone stole your invention idea ?

I can up with the idea of a tooth brush filled with tooth paste and refillable back in 1989, i sent information to a invention idea company and now I see it's on market

James L. Arrasmith
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answered on Mar 29, 2024

To prove that someone stole your invention idea, documentation is key. You should gather all evidence of your original creation, including the date you conceived the idea, any sketches, notes, or emails, especially those related to the submission to the invention idea company back in 1989.... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: What can I do if my landlord put mine and my disabled moms things out next to the road?

My boyfriend and I broke up and I called the landlord to let him know that I couldn't afford the rent that can he please give us till the end of the month so that i can get our things to storage and clean the house. He said sure he can do that but no longer. Plus I had done a lot of work to... View More

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answered on Mar 28, 2024

If your landlord has removed your belongings and placed them by the road, it's essential to understand your rights and the steps you can take. First, you should document everything. Take photos of your belongings by the road and any damage they might have sustained. This could be crucial for... View More

1 Answer | Asked in Employment Law and Immigration Law for Alabama on
Q: Hi I have an employer isn’t giving me a paystub, currently I’m on H1B and in order to transfer my H1B we need paystub

What can we do if the employer isn’t giving me the paystubs

The old employer is asking to sign a document which shows that we are lending the money from them, and once we sign the document then only they will be sending the pay stubs

James L. Arrasmith
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answered on Mar 28, 2024

If your employer is not providing paystubs, which are crucial for H1B visa transfer, it's essential to understand your rights and possible actions. Federal and state laws in the U.S. generally require employers to provide employees with pay statements, detailing earnings and deductions. If an... View More

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