In general one opens a probate estate in order to legally transfer title from the deceased to the living beneficiaries. If you are able to get title or assert ownership of all assets, then a probate administration is not necessary. For example, a car can be transferred without probate (there is a... View More

It sounds like a tough situation and the options really depend on a lot of facts about the case that cannot be efficiently conveyed here. In general if there was an Executor, I would assume there was an estate administration in the probate court. That court has/had jurisdiction over the assets and... View More

It usually does not make sense to spend money to open an estate when there are no assets. There may be other reasons to open an estate, such as if an estate would need to be a party in a lawsuit. For example, in a wrongful death case an estate may be opened even though there are technically no... View More

Removing a probate case to circuit court is not uncommon and any party can remove it at any time. There are many reasons, one of which is that the circuit court may provide a more formal setting, which can be important if the estate involves complicated matters. Many probate judges are not... View More

I am sorry for your loss. As your sister survived your father, her share of his estate would pass to her estate should she pass away before your father's estate is settled. Therefore, those assets would pass according to her Will (if she has one) or to her heirs (if she does not). I would... View More

The terms of the document itself will govern whether the trust needs to be created. The document will also control what happens to your brother's share, as he did not survive your father. Most Wills will state what happens if a beneficiary did not survive the Testator. For example, many... View More

If your mom is on the deed, she will need to be able to sign at any closing. If she no longer has capacity, then someone will need to sign for her. In order to be able to do it for her you will need a Power of Attorney, if you have one, and if not, then you would need to go to court to seek... View More

Speaking generally, if an Executor passes away during the course of an administration, the successor Executor will be the next person named in the Will that appointed the original Executor. If there is no successor, then the Court will appoint someone to serve in that role. We always look to the... View More

If a Trustee serving under a trust agreement becomes incapable of serving in his or her role, a beneficiary can petition a court to remove that Trustee and replace them with a successor Trustee pursuant to the terms of the document. If the document has no provisions for a successor or if, for... View More

The most likely result is that the insurance proceeds would be payable to her estate. It would be necessary to open an estate administration in order to file a claim. You may want to contact the insurance company and see if the particular policy has a survivorship requirement (in other words must... View More

Yes. In order to serve as the Administrator of an "Intestate" estate (meaning no Will), a person must be a resident of the State of Alabama. You can of course file the paperwork to open the estate, but the Administrator must be a resident. If there are no family members available to... View More

I would recommend you contact a local probate or property attorney and ask about "heirship affidavits." Real property (land) vests in the heirs after two years. If you are the only heir, then you have legal ownership of the property, yet you need to have a way to show that ownership on... View More

Speaking generally, if a person holds a power of attorney over an individual, they owe that individual a duty of care to perform acts in that individual's best interest. When other people feel they are not fulfilling that duty there are several options for recourse:

1. If the... View More

It depends on the type of property. If it is "real property" meaning land, then the probate court in Alabama would not have jurisdiction over the property. The probate in Alabama would have no effect on the out of state land. Typically an estate owning out of state land will need a... View More

Not exactly "any time" as a trust does have some restrictions (and needs to if she is on needs based government assistance). However, the trust would be for her sole benefit and the Trustee would be responsible for seeing that she is well cared for with the funds. If a trust is needed to... View More

Probate is probably not necessary in your situation. If you are the only child, then the real property "vested" in you at her death. I do recommend taking some steps to get the property into your name or your child's name. You can accomplish this name change with "heirship... View More

Most courts will not allow an individual to probate an estate without an attorney. There are also just too many pitfalls in doing it yourself. Most attorneys charge hourly, but some do charge a percentage. I would recommend working with an attorney who charges an hourly fee. In that situation you... View More

Your research skills are good! If she is not your mother then her share is 1/2 of the estate (assuming he died without a Will). There are some other benefits she can claim as a surviving spouse which could enhance her share by about $30,000. These are called the statutory exemptions and allowances... View More

If the house is the only asset, you may not need to probate the Will. Alabama law provides that real property vests in the heirs at death. There is a document called an "heirship affidavit" that can be recorded with a new deed to place good title in the names of the heirs. You may want to... View More

If he died without a Will, you, your sister and your stepmother are probably the heirs to the property and you each will own a certain interest. Even though no one can make you sign over your interest, the other co-owners could force a sale for division. You would be entitled to fair compensation... View More