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Alabama Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Need clarification on a deed between Parent and Child.

DURING THEIR JOINT LIVES AND UPON THE DEATH OF EITHER OF THEM, THEN TO THE

SURVIVOR OF THEM IN FEE SIMPLE AND TO THE HEIRS AND ASSIGNS OF SUCH SURVIVOR FOREVER.

Anthony M. Avery
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answered on Mar 5, 2024

The "upon the death of either of them" language is ambiguous. But the totality of the terms construed with the entire Deed will probably be deemed to result in the surviving life tenant's heirs getting the fee. The

Estates created in the granting clause is a little...
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1 Answer | Asked in Gov & Administrative Law for Alabama on
Q: What are the legal procedures about towing vehicles off the interstate

I'm new and want to do this legally

James L. Arrasmith
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answered on Mar 2, 2024

Here are some key legal procedures for towing vehicles off interstates in the United States:

- Obtain proper licensing and registrations - Tow truck companies and drivers need to be properly licensed and registered with the state to operate legally. This includes commercial driver's...
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1 Answer | Asked in Gaming and Internet Law for Alabama on
Q: Despite a no-refund policy, is it legal to refuse a refund for underperforming cloud gaming on gigabit internet?

My connection is perfect, yet the cloud gaming software almost makes me sick it's so laggy. I can use other cloud gaming software just fine. They are refusing to refund me, even though I've proven the issues exist. Is it legal to deny a refund? If so, which law? They are based in France,... View More

James L. Arrasmith
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answered on Feb 28, 2024

In situations where a product, including cloud gaming services, underperforms despite the consumer having the necessary technical setup, the legality of refusing a refund can be complex. It largely depends on the terms of service agreed upon at the time of purchase and the consumer protection laws... View More

1 Answer | Asked in Criminal Law, Civil Rights and Public Benefits for Alabama on
Q: Is my relative risking arrest for his outstanding warrants if he applies for a non-driver’s id card in Alabama?

I’m trying to help a relative struggling with homelessness obtain appropriate housing; however—due my past financial losses arising from his previous addiction issues—I’m now unwilling to take responsibility for his lease in my name. He can’t possibly acquire a lease in own his name... View More

James L. Arrasmith
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answered on Feb 28, 2024

Your relative's concerns are understandable, but applying for a non-driver's ID card in Alabama does not automatically trigger immediate arrest for outstanding warrants. However, it's essential to acknowledge the risk involved, as law enforcement databases may flag individuals with... View More

1 Answer | Asked in Tax Law for Alabama on
Q: Is the Accrued Market Discount of a matured US Treasury Note exempt from Alabama income tax?
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answered on Feb 28, 2024

Interest income from US Treasury securities, including notes, bonds, and bills, is generally exempt from state and local taxes. This means that if you're holding a US Treasury Note, the interest you earn from it is not subject to Alabama state income tax. However, the accrued market discount... View More

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Can a seller use the cooling off period to cancel a contract for the sale of a house ? Within 3days of execution date
James L. Arrasmith
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answered on Feb 27, 2024

In the context of real estate transactions, the concept of a "cooling-off" period, where a party can cancel a contract without penalty, varies significantly depending on the jurisdiction and specific laws that govern residential property sales. Generally, cooling-off periods are more... View More

1 Answer | Asked in Probate for Alabama on
Q: i was left my step dads estate he had several million in cash and several hundred acres his daughters coming after it

the will reads i get it all he owed back child support

Anthony M. Avery
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answered on Feb 26, 2024

If you have read a Will that has been admitted to Probate, and you are a significant beneficiary, then hire an attorney to represent you. The child support will be claims against the Estate. Where is the Will? If not probated, then you need to file it. Again, hire an attorney to represent... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: USB is suing my late husband's estate and now I can't sell it. It has been 12 yrs. How long is statute of limitations?
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answered on Feb 25, 2024

The statute of limitations for debts and lawsuits can vary significantly depending on the type of claim and the state in which the lawsuit is filed. Generally, for debts, statutes of limitations range from 3 to 15 years. This timeframe dictates how long a creditor has to initiate legal action to... View More

1 Answer | Asked in Tax Law, Social Security and Public Benefits for Alabama on
Q: Even though I'm on Medicaid am I susceptible to Alabama state tax garnish
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answered on Feb 22, 2024

Being on Medicaid indicates that you are receiving assistance based on financial need, health status, or both. However, your status as a Medicaid recipient does not automatically exempt you from state tax obligations or potential garnishment actions in Alabama. If you owe state taxes, the Alabama... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Alabama on
Q: Am I committing trademark infringement by using a brand and trademark that has been dormant for over 25 years?

3dfx made computer accessories under the Voodoo brand. Nvidia, who makes the GeForce series of computer accessories acquired 3dfx in 2001 and shut them down. Nvidia never uses any of their branding or trademarks, they only use portions of technology that was internally developed. Over 20 years... View More

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answered on Feb 21, 2024

Using a brand and trademark that has been dormant for over 25 years could potentially lead to trademark infringement issues, even if the original owner has ceased using it. Trademark rights can persist as long as the owner continues to renew and maintain them, regardless of whether they actively... View More

1 Answer | Asked in Estate Planning for Alabama on
Q: If a person nominated to become trustee over a trust fails to communicate with beneficiary or executor for 11 months can

A successor trustee that's named in the wheel take over the duties and being and being appointed trustee without the courts

Anthony M. Avery
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answered on Feb 20, 2024

If they agree to the new Successor Trustee taking over the monies, property as Trustee, yes. Otherwise Successor Trustee has a duty to ask for a Court to appoint him as the new Trustee, with orders to any Banks. etc. to transfer to the new Trustee.

3 Answers | Asked in Real Estate Law for Alabama on
Q: Would a medical lien against my brother affect my half of the property we own together since I don’t owe them

He is in a nursing home and owes them money. They haven’t affected a lien against him but can or will they and will that affect my half of ownership if I sell it

William Vann Burkett
William Vann Burkett
answered on Mar 14, 2024

Generally, a lien will attach to only the interest of the person who incurred the debt. However, there are many different liens under Alabama Law. It is possible that the lien may receive some kind of legal preference. However, if the property is owned 50-50 and the property is sold, the lien... View More

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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I received a writ of possession from court in mail today, entered 2/13.... how many days do I have to vacate property?

I am currently in a lawsuit with a car accident and should have letters of protection to stop any proceedings but judgement was made against me anyway..is there anything I can do or do I need to vacate immediately

T. Augustus Claus
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answered on Feb 15, 2024

In Alabama, after receiving a writ of possession, tenants typically have 7 days to vacate the property. This period begins when the writ is issued by the court. The involvement in a car accident lawsuit and having letters of protection may not directly affect the eviction process unless those... View More

2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Alabama on
Q: Right to travel never have received a driver's license or permit?

Fighting traffic court

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Feb 11, 2024

If you attempt to assert free travel as a defense to no license, then you lose. Driving is a privilege, not a right. You can travel freely by walking all you please, but you don't have the right to use state and federal roads without being granted the privilege. You'll lose in court,... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: What rights do I have to my child as a father who pays child support?

For the first four years of my daughters life, I was told she was not mine. then her mother said that she was mine and she filed for child support so I had a paternity test done and found out she was in fact my child I have no problem paying child support but I have sensed moved from Arizona to... View More

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answered on Feb 9, 2024

As a father who pays child support and has been confirmed as the biological parent through a paternity test, you have rights to seek custody or visitation of your child in Alabama. Your financial support does not directly determine your custody rights, but demonstrating a willingness to support... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: My roommate was evicted by my landlord how long before I can legally remove his property from my house?
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answered on Feb 7, 2024

In Alabama, after a roommate is evicted, the landlord must follow state laws regarding the handling of the evicted tenant's property. Typically, the landlord must provide the tenant with a notice, specifying a reasonable period (often around 14 to 30 days) to collect their belongings. If the... View More

1 Answer | Asked in Civil Rights and Juvenile Law for Alabama on
Q: Can Child Protective Services go to my child's school and talk to them and ask them all kind of questions?

Questions they aren't even old enough to know the answer to. I was under the impression that I was supposed to at least be informed or something. I could be 100% wrong but now my babies are upset that these random people were asking them questions about me and their father. We stayed in a... View More

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answered on Feb 4, 2024

Child Protective Services (CPS) has the authority to visit your child's school and talk to them if they have received reports or concerns about a child's safety or well-being. However, in most cases, they are expected to inform parents or guardians about their visit and the reasons behind... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: If officers cannot physically produce the evidence that they gained during their search can the case be thrown out

They cannot produce the gun they claim they found during traffic stop

James L. Arrasmith
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answered on Feb 4, 2024

In a legal case, if law enforcement officers cannot produce crucial evidence, such as the gun they claim to have found during a traffic stop, it can potentially weaken their case. The inability to produce physical evidence may raise questions about the credibility of their claims. However, whether... View More

1 Answer | Asked in Probate for Alabama on
Q: How long does the court appointed lawyer as executor have to settle the estate of the deceased?
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answered on Feb 4, 2024

The duration for settling an estate when a court appoints a lawyer as executor in Alabama can vary widely based on the complexity of the estate, the assets involved, and any potential disputes among beneficiaries or creditors. There is no fixed timeframe mandated by law. However, it's... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: what rights do I have if I'm leasing land and the owner sells it out from under me?
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answered on Feb 1, 2024

If you are leasing land and the owner sells it, your rights will largely depend on the terms of your lease agreement and state laws governing landlord-tenant relationships. Typically, when a property is sold, the new owner inherits the rights and obligations of the previous owner, including any... View More

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