answered on Jul 25, 2023
I'm sorry that you're having an issue. I'm not sure I understand the question that you're asking so I'm going to answer as I understand it. I think you're asking how long does an executor of a will have to settle an estate and can the executor stop the other... View More 
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answered on Jul 9, 2023
Your statement of facts does not contain enough information to answer your question.
When you say you are "on" your parent's bank accounts, exactly what do you mean by "on"?
Are you a tenant in common? Joint tenant with right of survivorship? Attorney in... View More
answered on Jul 10, 2023
Joint bank accounts often, but not always, have a "right of survivorship" to the account holder who survives the other. The terms of the account are in that envelope full of small print that you get when you open an account. The ownership of a bank account is often a separate issue from... View More
Tuscaloosa Court House but she did not redeed it to him. There is only one sibling left and now she wants to sell the house, what can I do as the widow of the son. Does the house belong to me?
answered on Jul 4, 2023
This is a complex question. A stated intent is not enforceable. In probate and real estate law, written and notarized documents, i.e., deeds and wills, rule.
If the person whose name is on the deed as owner of the property died without a will, then the property is ruled by the laws of... View More
My mom thinks that she has to do some weird legal workaround so that when we inherit her property we won't have to lose a ton of money on inheritance. I've researched as much as I can but she's not convinced. I've looked at AL and federal tax laws and can't find anything... View More
answered on Jul 4, 2023
I will complete my answer by saying the costs and fees of inheriting property would include a good accountant, because substantial or complex property requires excellent accounting. In most cases, there would be no substantial transfer tax on inherited real estate when you record a deed in the... View More
My mom thinks that she has to do some weird legal workaround so that when we inherit her property we won't have to lose a ton of money on inheritance. I've researched as much as I can but she's not convinced. I've looked at AL and federal tax laws and can't find anything... View More
answered on Jul 4, 2023
Your mother may be worried about inheritance taxes, which are taxes on what you inherit. Fortunately, there are no federal inheritance taxes, and, just as well, there are no Alabama inheritance taxes. She will not pay taxes on what she inherits (unless, perhaps, she moves quickly to New Jersey,... View More
Land has been in my family since the 60's, my grandmother was killed in 2019 and had given me a small section of land adjoining mine back in 2009, but she never updated her will to include it as said. Her house and property was sold off in 2021. Now my yard with my kids playset, etc which... View More
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answered on May 2, 2023
If your grandmother gave you a piece of land, even if it was not included in her will, then legally you would have a claim to that land. However, if the property was sold without your knowledge or consent, you may need to take legal action to assert your rights to the property.
You may want... View More
He told me I was beneficiary. Life insurance policy was paid for 12 years from our joint account. Married over 17 years. 2 minor children. Do I have cause to contest this?
answered on Feb 4, 2023
An Alabama attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your husband and the concealment of the terms of the policy. This is posted under Bad Faith, but attorneys who practice in the Probate and Estate Planning categories might be a better... View More
Disagreement on the division of the property?
answered on Jan 31, 2023
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
answered on Apr 12, 2024
An Alabama attorney could advise best, but your question remains open for four weeks. It would depend on the terms of your agreement. Good luck
I’m in the process of buying a rental property but I don’t have an llc set up. Can I transfer my property?
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answered on Mar 20, 2024
Yes, once the LLC is properly set up. Remember it is supposed to be limited liability, so use a State LLC law that has some protection. An attorney needs to draft the deed with the correct language so it can be easily transferred from the LLC later.
The home I inherited has a debt on it and the house is insured by the estate. Once the estate closes, is it too late to get homeowners insurance or do I need to do that now? I can work on financing for the house but what does that mean for the current insurance? Would I need insurance in my name ?
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answered on Feb 6, 2024
Most any lender will include property casualty insurance as a term of the Deed of Trust. So you will not get financed or will later be foreclosed upon, if you do not obtain home insurance.
If a deceased person left a home with a debt to a beneficiary, regardless of married to them then or not, can or a will a mortgage company erase the debt? The surviving spouse wasn’t on the deed or mortgage. Only the deceased person.
If the surviving spouse gets the deed to the home put... View More
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answered on Jan 27, 2024
The lender’s mortgage survives the death of the borrower. If not paid the lender may foreclose and take the house.
MY NAME IS NOT ON ANY OF DEBT SHE CREATED. TWO OF THE DEBTS ARE CREDIT CARDS AND THE OTHER IS A PERSONAL LOAN. THE ONLY THING WE SHARED WAS A BANK ACCOUNT, HER NAME HAS BEE REMOVED, AND OTHER THING IS THE DEED TO OUR HOME WHICH HAS NO MORTGAGE.
Hospice bill exceeds home value. My brother passed last month. Leaving me and sister. I did not keep close ties to anyone once I left for military service. I want nothing to do with property. How do I disclaim in writing? What facts do I state ? My Sister can have my share.
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answered on Jul 26, 2023
Hospice bills are not subject to estate recovery, but Medicaid bills are. Make sure you understand exactly which program was paying for her care.
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answered on Jun 30, 2023
Under Alabama's Probate Code, claimants generally have six months from the date of the first publication of notice to creditors to file their claims against an estate.
Unattached 50 acres were automatically deeded to my husband and his sister. He had a mortgage. The sister says she wants nothing to do with the house or land so my husband asked her to sign a quit claim deed so that the bank will let him redo the mortgage and pay it off. She says that it has to go... View More
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answered on May 1, 2023
Your statements do not make sense. However a possible solution is have an AL attorney search the title, and draft a Quit Claim Deed for the one or two tracts to be conveyed from the Sister to your Husband. Sister would not have any financial or legal obligations.
My husbands mom is in an Alabama nursing home and is up to her teeth in debt. Will we inherit that debt?
answered on Apr 5, 2023
Hello. Thank you for your question. No. Debts do not survive after the person who created the debt passes. Best wishes to you and your family.
Step mother now pushing breach of contract also we are in bankruptcy.
answered on Mar 29, 2023
Step mother needs to be added as a creditor in bankruptcy to stop her from taking any action.
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