I would add that burial grounds are a special type of land use under Alabama law; cemeteries have their own sections of the Alabama Code. The burial of cremated remains by itself might not create a "cemetery" as defined under Alabama law, but if you if you put up burial markers, fences,... View More

That vehicle, if titled solely in the name of the decedent, is the estate's property. If you are personal representative, you are responsible to the estate, the court, the creditors, and the heirs to reclaim lost property. When there is no will, your duty to and supervision by the probate... View More

A will must be probated within five years in Alabama, or cannot be probated at all; you would then have to open the estate as if there had been no will. Also, if you don't get the estate open and moving, heirs might die and debtors might file for bankruptcy. If the people actually nominated... View More

Alabama law is more favorable to landlords than to tenants. Begin your defense with your written lease, if you have one. Even if he cannot evict you easily, he could refuse to renew your lease next time around. If you don't have a written lease, the law presumes you are a month-to-month... View More

Your HOA has an address listed somewhere in your closing documents for you to use when giving official notice.

I suggest you send a letter with photos explaining the situation via certified mail, return receipt requested.

Then send it again three days and again three days later.... View More

Mr. Avery and Ms. Whitehurst are correct. I once opened an estate for a lady who lived in her father's house but did not have title. Eventually, the insurance found out that her father was deceased and demanded that she get title to the house or face cancellation of insurance.

Of... View More

This question opens other questions. The first people to call the survivors after someone dies are often credit cards servicers, who are actually the last priority for an estate administrator to pay. The highest priorities are court costs, taxes, funeral expenses, legal fees, and then secured... View More

I am not licensed in LA, so I cannot address the vehicle with any authority, though some states, such as Alabama, allow the transfer of a vehicle without the formal opening of an estate.

To lawfully transfer the Montgomery, AL real property, you would have to open an estate in the probate... View More

Before you do anything, read the lease very carefully. If the lease is expired, you are a "tenant at will." They can't hold you for long, and you cannot hold them either. Mark everything the landlord may have violated. Mark anything you have or may have violated. Alabama law is... View More

The mortgage company would like you to assume, in writing, the liabilities of the mortgage. Don't do so unless you think it through carefully. Her estate could be squeezed by the IRS or the mortgage company, and there does not seem to be much cash.

When your mother died, all property... View More

Joint bank accounts often, but not always, have a "right of survivorship" to the account holder who survives the other. The terms of the account are in that envelope full of small print that you get when you open an account. The ownership of a bank account is often a separate issue from... View More

No law prevents a spouse from acquiring or selling land without the spouse. Alabama law does protect spouses through probate and family from being left broke by a spouse who liquidates property. Ala. Code Section 35-4-73 (a) says:

"No deed, contract, or other conveyance of land or... View More

This is a complex question. A stated intent is not enforceable. In probate and real estate law, written and notarized documents, i.e., deeds and wills, rule.

If the person whose name is on the deed as owner of the property died without a will, then the property is ruled by the laws of... View More

Your mother may be worried about inheritance taxes, which are taxes on what you inherit. Fortunately, there are no federal inheritance taxes, and, just as well, there are no Alabama inheritance taxes. She will not pay taxes on what she inherits (unless, perhaps, she moves quickly to New Jersey,... View More

Mr. Avery is correct. LLCs are good entities for holding real estate. Depending on how they are structured in the membership agreement, they can function as a partnership or a corporation, but they are simpler, in many cases, than those two entities.

Ms. Whitehurst is correct. The only thing I would add is that the insurer of the home will likely want the home in the name of the person living in it and might threaten cancellation of insurance if title has not been transferred by deed.

Such overflows are complicated because they involve both a "trespass" and a "nuisance." Sometimes they also violate a federal law or regulation. Trespass once was the more important tort; it is a major part of Anglo-American law (and the Lord's Prayer). It is the... View More