Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jack T. Carney
1 Answer | Asked in Elder Law and Probate for Alabama on
Q: hello, my mom died, and I would like to know who inherits, in the case of not having a will. Thank you. She was from AL
Jack T. Carney
Jack T. Carney answered on Apr 16, 2018

I am sorry about your family's loss. Alabama directs where assets pass in the event someone dies without a Will. The assets pass to an individual's next-of-kin under Alabama law. The next-of-kin depends on the particular facts of the family:

-Passes to spouse and children first...
Read more »

1 Answer | Asked in Probate and Estate Planning for Alabama on
Q: If my estranged mom dies people do not have a way to notify me. What happens. Is there a way to find out if she has wil

She left my dad when I was young due to abuse I was removed at 16 due to abuse from him. I was reunited through dhr placed with her only to be abused by her. Now I'm 40 haven't heard from her since then. Someone told me I being the only person left (as her family abandoned her long time... Read more »

Jack T. Carney
Jack T. Carney answered on Apr 10, 2018

I am sorry about your difficult past and situation. If you are still her legal heir (next of kin) and assuming those rights have not been severed, then you would legally be entitled to notice of any Will filing. If she dies without a Will, you may be entitled to all or a portion of her estate... Read more »

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Do multiple wills follow a progression of how they passed away or include into the last one?

My Wife lost her grandmother, mother, and father in a matter of days of each other. Her Brother is an attorney,executor, and a beneficiary but won't share any details of the wills and is trying to convince her that none of the wills matter even if she is named specifically in one and that only... Read more »

Jack T. Carney
Jack T. Carney answered on Apr 10, 2018

I would recommend she consult with an attorney regarding her rights in any/all of the estates. If you see an attorney, I recommend you create a time line and gather copies of any documents that you do have in your possession. It would be difficult to provide advice without more information.... Read more »

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Does my 401k automatically belong 100% to my surviving spouse - even if I state in my will that my daughter gets part?

I have been told that all of my assets, bank accounts, and 401k account belong to my wife regardless of my directions in my will should I die first. If this is correct then there is no point of having a will if it all goes to her. Is this correct?

Jack T. Carney
Jack T. Carney answered on Apr 10, 2018

Your understanding is not exactly correct. Further, the rules depend on the specific asset and how it is titled. Details are important and no one can adequately address them in a general forum such as this one. However, I believe I can share some general information that may be helpful.... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Probate and Small Claims for Alabama on
Q: if my uncle signed everything into his girlfriend's name then dies the next day is she still entitled to the estate
Jack T. Carney
Jack T. Carney answered on Apr 2, 2018

I can provide a general answer, but you may need to speak to legal counsel who can provide you with specific recommendations and advice, which would require an attorney to closely review all of the facts. For example, "signed everything into" could mean a transfer, a payable on death... Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: How can I change an irrevocable trust, or do I have any chance in this matter?

My grandmother's friend left all her money and possessions to my grandmother. My grandmother's friend had a trust (I believe to be an irrevocable trust) in which my grandmother believed would be transferred to her after her death. We have recently found that their are other beneficiaries... Read more »

Jack T. Carney
Jack T. Carney answered on Mar 28, 2018

It's really not possible for anyone to answer the question without seeing the trust document itself. First, the trust may or may not be irrevocable and further even if it is irrevocable, the terms of the trust may allow a certain amount of flexibility. My advice would be to take a copy of... Read more »

1 Answer | Asked in Probate for Alabama on
Q: How to obtain a copy of a last will & testament that has not yet been probated?

The sole owner of a home passed away in 2013. Left behind were a current wife, to whom he was married after the purchase of the home & was not listed on the deed. The decedent had two children, one of whom had passed away weeks before he did. The deceased son had one surviving son. Presumably,... Read more »

Jack T. Carney
Jack T. Carney answered on Mar 28, 2018

I cannot provide a specific answer to your situation, as I do not have all of the relevant facts. However, it may be helpful to know that Alabama law addresses the custody of a Will after a person's death. Please see the relevant statute below. Perhaps if you share the statute with the... Read more »

1 Answer | Asked in Probate for Alabama on
Q: My husband passed away unexpectedly this past October. He already had the home in which we lived and I am currently

living in..The home has a Morgage and he has no children only divorced parents.what actions do I need to take to keep my home?

Jack T. Carney
Jack T. Carney answered on Mar 19, 2018

I am really sorry for your loss. Under Alabama law, it sounds like you would be your husband's next of kin (assuming he did not have a Will). As such, you are entitled to take the home as your inheritance from his estate. The most important thing that you can do to keep your home is to... Read more »

1 Answer | Asked in Probate for Alabama on
Q: Can my mother home that was exempt from Medicaid for my disability be taken with an older will and be probated?

MY mom was in a rehab facility before passing. So she won't lose the house medicaid exempt the home to me for my disability...

She created a will but it only had one witness signature and notoriety signature..

After she pass I tried to probate her will another one... Read more »

Jack T. Carney
Jack T. Carney answered on Mar 9, 2018

You might want to re-submit your question with more detailed information, as I do not think anyone would be able to provide you with an answer as the facts are a little confusing. First, there is really no “Will with Medicaid.” I’m assuming your mother died (sorry for your loss) and the home... Read more »

1 Answer | Asked in Estate Planning, Tax Law and Probate for Alabama on
Q: Does a bank account with joint owner automatically pass solely to surviving party?

My grandmother has a bank account which listed my father and uncle as joint owners with right of survivorship (added after my grandfathers passing about 10 years ago). My father recently passed so only my uncle remains as a joint owner. At my grandmothers passing will the account be wholely owned... Read more »

Jack T. Carney
Jack T. Carney answered on Mar 4, 2018

The best answer is unfortunately the most common one in the law ... “it depends.” Alabama has an entire act about joint accounts and there are many cases about situations like this one.

The presumption is that uncle is the owner. That presumption may be challenged and the Will may be...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: If my husband does not have a will. If he dies, can his ex-wife/kids take half of what I owned before we married?

I live in Alabama. My 1st husband passed away leaving me with enough money to pay off our home, purchase a vacation home and have $60,000 in savings. He also left me several retirement pensions which I have not touched. I have remarried and my current husband is not on the deeds to the... Read more »

Jack T. Carney
Jack T. Carney answered on Mar 2, 2018

Without confirmation about how your assets are titled, I am happy to speak in general terms. First, if your husband dies before you, his ex-wife would have no claim to any assets of his estate (unless of course he agreed otherwise in a divorce agreement). The law states that if someone dies... Read more »

1 Answer | Asked in Child Support, Estate Planning, Family Law and Probate for Alabama on
Q: 22 yo divorced son died unexpectedly, leaving behind a minor child (2yo). Who should handle his estate?

Son's ex-wife had primary custody of their child. There is a small life insurance policy that Joseph's father purchased and paid on continually before his marriage, and it's being put towards funeral cost, however...there will be funds remaining once that's taken care of.... Read more »

Jack T. Carney
Jack T. Carney answered on Mar 1, 2018

I am really sorry for your loss. I would love to provide a detailed answer, but may need some more information. First, if there was a beneficiary on the insurance policy, then the beneficiary is the owner of those insurance proceeds. I am assuming your husband may be the beneficiary. If so, he... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: I live with my ex-husband in his home In Alabama. wants to add me to the deed, with the exception that if I should ever

If I ever leave I would have no claim to property. How can we do this?

Jack T. Carney
Jack T. Carney answered on Mar 1, 2018

It might be difficult to accomplish your wishes with a deed. When I advise a client, I first try to determine what are the goals. If the purpose of adding you to the deed is to ensure you can stay in the house in the event of his death, then there may be a better way to accomplish that same... Read more »

1 Answer | Asked in Probate for Alabama on
Q: me and my brothers and sister probated my mothers house after her death. what do we need to do to put house in our names
Jack T. Carney
Jack T. Carney answered on Feb 27, 2018

You may have probated the Will, which means that you have an open probate estate administration. If so, then the Executor of the estate can do a "deed of distribution" to put the home in your names. You may want to ask the attorney who opened the estate administration. If the estate is... Read more »

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: In alabama if a home is jointly owned by two people (husband and wife) how is it handled if one of the spouses pass away

If a husband and wife are both on the deed to the house as co owners if one dies without a will how does the inheritance law work? are the surviving children entitled to half of the home value over the $50k that the spouse gets or does the home just pass straight to the co owner with no one else... Read more »

Jack T. Carney
Jack T. Carney answered on Feb 22, 2018

It depends on the exact wording of the deed. If the deed was held as "joint tenants with rights of survivorship" then the home would pass straight to the co-owner and no one would have a claim to it. Our firm recently published a newsletter article on this very topic and I have included... Read more »

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: My father's will left his property in a trust with my brother as trustee. Three sons, two daughters. I filed a document

I filed a document giving away my rights to his estate. I discovered I am second trustee. My brother wants to resign and leave me to settle estate. Very bad blood in my family. Are my son's heirs. Can I be trustee. My brothers want to give me their shares. Sister is very angry and difficult... Read more »

Jack T. Carney
Jack T. Carney answered on Feb 22, 2018

Unfortunately there is not enough information to provide a specific answer and given all of the documents, actions and complexities, you would probably be best served by seeking the consultation of an attorney in your area. For example, whether your children are heirs to the share you refused (or... Read more »

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Can a will be contested after it has been probated
Jack T. Carney
Jack T. Carney answered on Feb 22, 2018

If a Will has been admitted to probate, it can be contested in the Circuit Court. However, the contest must be filed within 6 months of the date of probate. The applicable section from the Code of Alabama is below.

Section 43-8-199

Contest in circuit court after admission to...
Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: If a car loan company isn't notified of a single parent's death and a child keeps the car who's responsible for the car

Single mom died, 3 children, 2 younger children didn't report the death to the loan company where she had her car financed, and one child is driving the car, no insurance, no license. Who's responsible, if anyone, if he wrecks the car? I've tried to get info on where the car's... Read more »

Jack T. Carney
Jack T. Carney answered on Feb 19, 2018

I am afraid I do not have enough information to provide a definitive answer, but some general information may be helpful. If there is an accident and liability arises, a plaintiff will try to claim that any and all individuals related to the car are responsible (especially if the actual driver has... Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: We need to sell some property.

My in-laws passed away leaving a will designating my husband and his sister as sole heirs. My husband is also the executor. There is 10 acres in Mississippi (no liens) they want to sell. Does the will have to be probated?

Jack T. Carney
Jack T. Carney answered on Feb 15, 2018

In these situations the Will may likely need to be probated in order to sell the property and if the only property is in the State of Mississippi, then you would want to contact a lawyer in that area and file it with the Mississippi courts. If real property is the only asset, then in most states... Read more »

1 Answer | Asked in Probate for Alabama on
Q: My husband just passed away and had no will or life insurance he had no real property no estate do we still need to prob
Jack T. Carney
Jack T. Carney answered on Feb 12, 2018

I am sorry for your loss. In general probating an estate is not a requirement, but rather is only necessary when there is a reason for such probate. The primary reason would be an asset that is in a deceased's name and therefore can only be accessed through the probate process. If someone... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.