When the owner of real property (land) dies without a Will, then title to the property will vest in the heirs at law after two years. If the child is an only child and the deceased parent was not married, then the title will vest in the child. The situation will be more complex if there as... View More

The Code of Alabama provides the following "time limit" for probating a Will:

"Section 43-8-161

Time limit for probate.

Wills shall not be effective unless filed for probate within five years from the date of the death of the testator. If the testator was not... View More

If the Will was admitted to probate, then any challenge must be made within 6 months of the date of admission. See below for the applicable statute:

Any person interested in any will who has not contested the same under the provisions of this article, may, at any time within the six months... View More

The answer depends on how the account is titled. If you are a joint owner or still have access to the account after her death, you can distribute the remaining funds pursuant to the Will and you are done (no need to file the Will). This situation arose in my own family at the death of a... View More

You probably need to have an attorney review the deed for you before you are able to get a definitive answer. In general if someone else is listed on a deed and it includes the language “joint tenancy with rights of survivorship” then the surviving owner owns the entire property upon the death... View More

Typically we advise clients to probate a Will if there is a need to do so. For example, if there are any assets in your mother's name that you cannot access, it is likely that you would need to offer the Will for probate in order to get Letters Testamentary. These Letters give you the... View More

The basic answer is yes, a court can alter a trust arrangement and even terminate a trust where there is a change in circumstances. These proceedings must take place in the Circuit Court or in a Probate Court having "equity jurisdiction." There are several sections in the Alabama... View More

If a home is sold as an asset of a probate estate, then it would be proper for the proceeds of that sale to be placed into a bank account in the name of the estate (thereby keeping it as an asset of the estate). The estate account could technically be in any state (and would typically be where the... View More

Your best course of action may be to consult with an "elder law" attorney in your area. The rules on Medicaid eligibility can be complicated. Based on the situation you described, Medicaid could not take the home because your sister deeded it to you. However, Medicaid will deny her... View More

I cannot really give a specific answer as I do not know all of the facts and am not advising you as a personal attorney. However, if you paid for probate you may want to first revisit the issue with the attorney and inquire as to whether he or she will move forward with the probate without the... View More

You have a legitimate question and I would recommend you contact the lawyer handling the estate and simply ask him. It's an appropriate question. You can always contact the court and see if you can obtain copies of the last documents filed. Finally, you can always engage counsel to represent... View More

His waiver is not required to probate the Will. In this situation your attorney can file the Will for probate, get a hearing set, send notice to your brother and then attend the hearing. At the hearing the judge would review the Will and if all looks good would probably admit the Will to probate.... View More

Unfortunately you are not entitled to appointed counsel for estate matters. You may be able to qualify for pro bono assistance if your income is below a certain level. A second option would be to find a lawyer who takes cases on contingency (meaning they get paid if they help you recover assets). A... View More

I am not familiar with juvenile law or probation rules, but I have a couple of thoughts. First, Alabama does not consider someone an adult until age 19 (so you may be limited doing something without parents permission unless you pursue emancipation). Second, you may just want to ask your probation... View More

If a person has not yet been appointed (i.e. granted Letters Testamentary) then they may renounce by writing and do not need to make a court appearance. If already appointed, it will require a resignation and may require a court appearance (by the individual or their attorney). The Executor who has... View More

It might be a good idea to address the debt now. If the deceased was the only name on the note, then your only option for collection would be his estate. Once his wife dies, you would not be able to collect against her estate (as you can only collect against her estate for HER debts). It does not... View More

A mortgage would typically be a debt of the estate and the mortgage company would be entitled to file a claim. Whether the construction was complete or not, if the decedent signed a promissory note, the estate is probably liable. However, claims only need to be paid if the creditor files a timely... View More

It appears that she would have an interest in the home, but as an heir of your brother's estate. When your mother died, the home vested in you and your brother. As your brother survived your mother, his interest in her home is in his estate and will pass pursuant to his Will or to his heirs if... View More

A beneficiary has a right to request an inventory and accounting at any time. Given the amount of time that has passed, it might be prudent to file a petition to compel an accounting and final settlement of the estate. Most probate courts would require you to retain an attorney to file these... View More

Both are a good idea, but either one should be sufficient. Neither are legally required. Alabama Code sections 19-3B-401 and 19-3B-402 address the requirements to create a trust. Yet, having some proof of execution would really help if there is any debate about the execution of the trust.... View More