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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

I do not have enough information to provide you with an answer you may rely upon. However, I will assume when you said administrator that there is no Will. The law provides that the assets pass to the heirs at law (which are the next closest relatives determined pursuant to Alabama law). If... View More

I can provide some general information that may help. If you want specific advice about how to proceed, it would be best to consult an attorney. Most probate courts actually require the assistance of an attorney when handling an estate administration.

When someone dies intestate (no Will),... View More

I can provide some general advice, but you would probably want to consult with an attorney in your area to ensure that your legal rights in the home are protected. It would probably be worth the investment.

Assuming your father died without a Will and you are the only heir, then the land... View More

Speaking in general terms only, a surviving spouse would have an interest in the home of a deceased owner, as the surviving spouse would have an interest in the estate. However, depending on the family situation and the value of the home it may not be a complete 100% interest. For example, if a... View More

I am unable to give you specific legal advice upon which you can rely in this answer, as I am not representing you and do not have an opportunity to ask follow-up questions, etc. However, I can provide you with some general information about Alabama law that may be helpful.

If someone dies... View More

I am uncertain as to whether you are referring to a joint Will or two single Wills. As I am not providing you with specific legal advice, I can just speak generally about a person's right to see another's Will. Basically, a person has no obligation to turn over a copy of their own Last... View More

I would caution you to consult with an elder law attorney, especially before making transfers. As you may know, should your grandfather require long-term nursing home care, Medicaid is an option (but only if his assets are at a certain level). In addition, any transfer of assets in the preceding... View More

If a person dies without a Will, then there is no technical time limit for probate. There is an order of priority for administrators (meaning who can be in charge of the estate). If someone does not file within 40 days of the date of death they are deemed to have waived their right to serve. In... View More

A Will is not valid unless it is probated within 5 years of the date of death. The property would pass by intestacy. If you are a legal heir of your sister (an attorney would need more information on the family to advise you specifically), you may have a claim to the property (and you would be an... View More

I am not sure you have provided enough information for me to give you a firm answer, but I can speak in general terms. First, you mentioned that the house was purchased in a trust, but you also mentioned your mother’s name was on the deed. If the home were in the trust, the name of the trust... View More

I am sorry for your loss. First, any authority under a Power of Attorney ceases at the death of the grantor of that power. I do not have enough information to provide specific recommendations for you, but perhaps sharing a personal experience will be helpful. When my grandmother passed away, she... View More

There are limited facts in your question and therefore in answering it I must make some assumptions and speak in more general terms. The rights of the "next-of-kin" of a deceased depend first on whether the decedent had a Will. If there is no Will, then the probate estate passes to... View More