I would recommend that you speak with an attorney to protect your interest in the property. The specific facts will be important in your case (and many of them happened so long ago). Someone will need to review them closely and only then will be able to advise you as to how to protect your... View More

There are a lot of facts that would be important to have before someone can give you a specific answer (such as: are you going through a divorce, is there any legal requirement that your spouse name you as a beneficiary, etc). Generally speaking however, I cannot think of any mechanism whereby a... View More

If the probate estate is open I would assume you have an attorney and I would encourage you to take direction regarding the sale from him or her. The answers to questions in this area of law are often very fact specific (so much depends on the exact facts of your particular case).... View More

If your mother needs to qualify for Medicaid (assuming she does not have the resources to pay for nursing home care), then you would need to repay the funds if she needs to qualify for Medicaid. It’s all related to the Medicaid “transfer penalty.”

The penalty basically works as... View More

It is actually 60 days. The affidavit for small accounts is governed by the banking code. The relevant section is below:

“Section 5-5A-39

Disposition of small deposits of deceased person - Time for payment; when payment prohibited.

No payment shall be made pursuant to... View More

There is no law requiring a probate and as a practical matter I always tell people that you should open a probate estate only if there is a reason to do so. I cannot speak to any reason in your case, as it is dependent on the facts. However, two examples of why one would open an estate would be:... View More

I cannot tell by your question whether your mother is still alive, but will assume that she is as she "lives in Missouri." The good news is that nothing is required of you until your mother's death. A Last Will and Testament has no legal significance until death. Even at that... View More

Cases of neglect are incredibly fact specific and there is no bright-line test as to what constitutes neglect. Speaking generally, if someone is concerned that an elderly adult is being neglected, there are three basic options:

1. Contact local law enforcement. There are several new... View More

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... View More

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... View More

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.... View More

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.... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More