You are asking about an involuntary commitment proceeding. I would recommend you call your local probate court and see if they have a form on hand. In my home county of Jefferson any individual can complete the appropriate form at the probate court office. Just to clarify you will want to call... View More

When someone dies without a Will, assets in their name pass to their "heirs at law." The heirs at law are determined at the time of death. Further, real property (land) vests in the heirs after two years. In your hypothetical I would suggest that the property will pass in 5 shares.... View More

If a person dies intestate, that is without a Last Will and Testament, then the assets in the person's sole name pass to the "heirs at law" of that person. Assuming there is no spouse, the heirs at law are the children. If there is a deceased child, the children of that deceased... View More

Your interest in the home may be at risk if he predeceases you. Further, Alabama law recently abolished common law marriage, so you would not have the protection of a spouse even if you hold yourself out as husband and wife. It would be best for you to protect your interest in the home,... View More

Alabama law provides for the disposition of an individual's property if that individual dies without a Will. It is called "intestate succession." There is a specific statute that directs the disposition of property when one dies without a Will and a spouse. I pasted a copy of it... View More

You can certainly consult with an attorney about various civil remedies, however, there are various new "elder abuse" statutes on the books in Alabama and some may apply to this situation. It is a crime to take advantage of an elderly, incapacitated individual. Your friend may want to... View More

I am not sure if you have a specific question, but when there are incidents of physical, emotional or financial abuse of seniors (or any adult for that matter), there are resources for assistance. The first is law enforcement and if you witness physical abuse, you can call the police and file a... View More

The answer to your question depends on the particular facts of your situation. The issue will be whether those accounts became assets of the estate or assets of your sister at your mother's death. As Executor you will have the power and maybe even the obligation to research that issue and... View More

As mentioned below, the specific facts of the situation are so important in determining the various rights and responsibilities of the parties. For example, it may be possible the wife could claim to be an omitted spouse (see statute below), which is where the 1/2 comes from (if she is deemed an... View More

Your question is a common one, but unfortunately it is not simple. First, it would be worth the time, effort and expense to consult with a legal or financial advisor about this decision and how it specifically affects your parents. It could have unintended consequences and ramifications extending... View More

You would be entitled to inherit the house if your husband designated you as the beneficiary in his valid Last Will and Testament (or added you to the deed). If he died without a Will, then Alabama law directs that one-half of the assets in his name pass to his spouse and one-half pass to his... View More

This issue arises a lot and is usually caught by a title company when someone tries to sell a home. I cannot speak to your specific situation without seeing the deeds, but it sounds like what you are hearing is correct (even though I admit it seems terribly unfair).

When your husband... View More

In Alabama a witness to a Will may be a relative or beneficiary under the Will. The applicable law is found at Ala. Code section 43-8-134, which states:

(a) Any person generally competent to be a witness may act as a witness to a will.

(b) A will or any provision thereof is not... View More

Oftentimes the first step in determining what to do next after a loved one passes away is to look at any assets that may be in that person's name. If you are unable to access any assets, then you would need to speak with an attorney about a probate administration or a probate alternative.... View More

An attorney cannot really provide a fee range until learning a lot more about the situation. Most attorneys would bill hourly for their work, which is a pretty fair method for all parties. It can be difficult to obtain pro bono assistance for estate matters (as there are assets), but if your... View More

If assets are in an individual’s sole name and that individual leaves a valid Last Will and Testament, then the assets pass pursuant to that Last Will and Testament. The key here is “valid.” The Will must be offered for probate and proved to be the Last Will. The children (as the heirs at... View More

I am not quite sure I understand the exact specifics of your situation, but if you have a valid Last Will and Testament that names you as the beneficiary of an estate, then it really does not matter what any one says about it, you would be the beneficiary. However, the Will must be... View More

The basic answer is that a person may leave their home to the beneficiary of their choice, be it a new spouse or children from a previous marriage. However, when a person remarries and does not have a prenuptial agreement, the surviving spouse will have certain rights in the estate of the... View More

I cannot speak to your specific situation without reviewing the deed, account information, etc. In general when a person dies and their name is the only name on an asset (such as the deed or a CD) and further where there is no beneficiary named, then a probate is required in order to transfer... View More

There are so many new “elder abuse” laws on the books these days. If there is elder abuse, DHR or the local authorities could be helpful and you may want to contact them to discuss your options.