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Questions Answered by Samuel G McKerall
1 Answer | Asked in Real Estate Law for Alabama on
Q: Hello, my name is Linda. Can my 15 year old have land solely in his name?
Samuel G McKerall
Samuel G McKerall
answered on Jun 15, 2017

Yes, he can. However, he will have trouble selling or mortgaging it until he reaches the Alabama age of majority, which is 19. Unless he is emancipated by the removal by a court of his disabilities of non-age, a court-appointed or court-approved guardian would have to file a report with the court... View More

1 Answer | Asked in Real Estate Law and Divorce for Alabama on
Q: I been married for 8 years, will my husband get my house? His name isnt on the house I had the house before him.

If I file will he get my house?

Samuel G McKerall
Samuel G McKerall
answered on May 29, 2017

No.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general...
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1 Answer | Asked in Criminal Law for Alabama on
Q: What is a writ it of arrest.....and why would the bound be $2000.00

That is one of the charges a friend of mine has been arrested for .

Samuel G McKerall
Samuel G McKerall
answered on May 29, 2017

A writ of arrest is a piece of paper authorizing the arrest of someone on what is usually a criminal charge. You don't state the nature of the charge, just that there exists a writ of arrest, so you have not provided enough information to permit an answer.

WARNING: I am not your...
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Municipal Law for Alabama on
Q: Bondsman robbed me, can I still appeal my conviction, if the appeal for a supersedes bond never did get filled out?

He said a 4th amendment violation would not hold up in musical court, that I needed to do a supersedes bond and go to 12 man jury. He explained that I would need to pay my bondsman 10% of the bond fee, which was $75 for each charge, which was 2, and he would take care of the paperwork. I had 14... View More

Samuel G McKerall
Samuel G McKerall
answered on May 27, 2017

The answer is no, you can't. The deadline for filing a notice of appeal is jurisdictional. That means if it is not filed within the time alotted the court to which you are trying to appeal is without jurisdiction to hear the case and there is nothing that can be done about that. Officially,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Can a report charge be changed before an arrest is made?

My kids mom filed a report on me and it was written up as burglary cause I broke a door in my home that I own where she was staying. She also told them I pulled her hair and she wanted it written up as DV but they told her that there was not enough evidence to write it up as domestic violence. I... View More

Samuel G McKerall
Samuel G McKerall
answered on May 26, 2017

The answer to the question you asked is yes, the report can be amended after its in the system. That's commonly done with the charging process at all levels. As the officers gain more insight into the situation, they are not only free they are obligated to amend the charge to whatever is... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: State of Alabama, Marshall county. Less than one from home. County roads. Dogs really bad. Cop got behind me to stop me

I drove 35mph home used all turned signals & stopped at stop sign. And drove home. Got charged with attempt to elude and wreck less endangerment? Do I need a lawyer for this charge?

Samuel G McKerall
Samuel G McKerall
answered on May 11, 2017

You're kidding, right? Of COURSE you need a lawyer. Go hire the best one you can find. Its cheaper than defending yourself and losing and THEN hiring a lawyer to clean up the mess you will have made.

This sounds like a winnable case, assuming your recitation of the relevant facts is...
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1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Municipal Law for Alabama on
Q: Can the HOA of a residential neighborhood have a guest's vehicle towed?

The streets are not private and are county owned (i.e.: there is no gate requiring entry to the neighborhood, city police do not patrol, but the sheriffs do.) Guest vehicles are explicitly omitted from the CCR. And I quote,"Nothing contained in this paragraph shall preclude guests or invitees... View More

Samuel G McKerall
Samuel G McKerall
answered on May 9, 2017

Interesting question well presented. The only way to a legal answer will be by consulting a local lawyer who has experience with subdivisions, developments, owners' associations and permitting, He will have to review the homeowners' association forming documents and its rules and... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: If I have power of attorney over a joint owned property can I borrow against the home?

My sister and I are joint owners of my mother's house. The house was deeded to us many years ago. After my mother moved into a senior apartment we rented out the house. I am responsible for the property and handle all the expenses as well as the rental income. Since my mother is on a fixed... View More

Samuel G McKerall
Samuel G McKerall
answered on May 8, 2017

If you mortgage the house the lender is going to require that you provide mortgagee's title insurance. You are not likely to be able to find a title insurer that will insure a mortgage which is signed by any owner under a power of attorney. Years ago you could, but not now. They found they... View More

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: My Father died and my fathers adopted child didn't contact me. I am illigetimate. His estate is worth a lot nothing for

Me. He's worth a quarter of a million not counting home and average. She has not probated the will. His attorney is not telling me anything on the phone. I received a letter saying he left me $10,000 and had regrets. Her mother ask for my ss# years ago to divide money. He was 88 years... View More

Samuel G McKerall
Samuel G McKerall
answered on May 6, 2017

You have a right to see your father's will. Hire a good lawyer. He or she will demand that the widow's attorney provide you with a copy. If they refuse your attorney can file a case in the Probate Court for an order that the widow submit the will for probate.

After you see...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: Can I use a home that I jointly own with my sister as collateral without her involvement?

My mother deeded her home to me and my sister after my father died 20 years ago to protect it in case of nursing home, etc. My mother now lives in a senior apartment complex and I am responsible for renting out the house, upkeep, etc. My sister has lived in Texas 30 years and has not been back... View More

Samuel G McKerall
Samuel G McKerall
answered on May 6, 2017

No, you can't. All banks and mortgage companies require all owners of the property to sign the mortgage.

2 Answers | Asked in Car Accidents, Criminal Law and Wrongful Death for Alabama on
Q: What is the minimum prison time for a hit and run resulting in four deaths in a car accident?
Samuel G McKerall
Samuel G McKerall
answered on May 6, 2017

You have not provided enough facts for your question to be answered. Was the event deliberate or accidental? Was the driver drunk or sober? Was the driver under 21 years of age? Under 18? Under 16?

Provide this additional information in order to get an answer.

WARNING: I am...
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1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Civil Litigation for Alabama on
Q: What to do when you've signed an arbitration agreement & days later find that the auto dealer has committed fraud?

The dealer represented that a car had only been listed as used because the owner of the dealership used it for a short period of time & knowing that the owner had intentions of selling the car, I assumed that it was well taken care of. I was originally interested in a new car but a taken care... View More

Samuel G McKerall
Samuel G McKerall
answered on May 5, 2017

You're out of luck. You can't buy a car from a dealer anywhere without having to sign an arbitration agreement. You signed it. You're stuck with it.

Your damages are minimal, if any. You thought you were buying a car with 4,000 miles on it and you got a car with 4,000...
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1 Answer | Asked in Criminal Law for Alabama on
Q: My boyfriend is in prison for murder in Alabama, but he wasn't the one who pulled the trigger.

He's been locked up since 2009. And he even testified against his uncle who was the gunman. Is there any pro bono lawyer in Alabama that can help.

Samuel G McKerall
Samuel G McKerall
answered on May 5, 2017

This is really, really hard to answer definitively. Impossible, really, but I can give you a little bit of an understanding of what you're up against.

Under your facts we don't know any of the circumstances of the murder, daytime or nighttime, was there more than one victim, was...
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1 Answer | Asked in Criminal Law and Federal Crimes for Alabama on
Q: How much money do I got to steal in a credit card fraud case for it to go to Federal court in Alabama
Samuel G McKerall
Samuel G McKerall
answered on May 5, 2017

Let me get this straight: You're about to go steal money by fraudulent use of credit cards and you want lawyers, who are officers of the courts, to advise you how much money you will need to steal in order to insure that you will be prosecuted in federal court rather than state court.... View More

2 Answers | Asked in Real Estate Law for Alabama on
Q: Alabama, when does the buyer take possession of the purchased property? Closing and possession date same on contract.

Property is occupied. Agent stated the seller has 3 days to vacate the property after closing. I thought I took possession on the closing date and the seller has moved.

Samuel G McKerall
Samuel G McKerall
answered on May 3, 2017

Normally the seller vacates residential property on the closing date, and the buyer takes it over empty. Of course, the terms of the contract can modify what's normal. Look at your contract. If it says they get three days to vacate then they get three days to vacate. If it doesn't,... View More

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1 Answer | Asked in Criminal Law and Traffic Tickets for Alabama on
Q: Can vehicles go around pedestrians when the pedestrian is still clearly in the crosswalk and it's a stop sign?
Samuel G McKerall
Samuel G McKerall
answered on Apr 30, 2017

The answer will depend on more facts than you've included, but while there might - emphasis on might - be some sort of circumstance that would justify a driver going around a pedestrian in a crosswalk at a stop sign, the answer is highly unlikely to be anything other than "probably... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: does a 17 year old have rights to drop charges their parents have placed on someone on their child's behalf?

a close friend of mine's parents is threatening to file criminal charges on her boyfriend if he contacts her again. they don't like him because he is mixed, but they are the same age. my friend turns 18 in December so I was wondering if she was able to drop any charges her parents may try... View More

Samuel G McKerall
Samuel G McKerall
answered on Apr 27, 2017

Your question is a little unclear, so I'm going to assume what I think you mean.

I'm assuming that by "charges" you mean that your friend's parents are threatening to commence a criminal prosecution against her boyfriend for having sexual relations with a minor....
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1 Answer | Asked in Criminal Law and Animal / Dog Law for Alabama on
Q: A Ferrell tom cat got into my garage and killed one of my own cats.

I have a have-a-heart trap that I could try to catch him with. If successful can I release it anywhere away from my neighborhood or in some wooded area?

Samuel G McKerall
Samuel G McKerall
answered on Apr 24, 2017

Interesting question. I know of no reason why you couldn't do that, except that your use of the word "anywhere" is a concern. It would not be wise to do it just anywhere. For example, releasing it in a residential area or near a school would be a bad idea. The best location would... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: My brother and I are both listed on the deed for the land. Do we have equal rights to the property?
Samuel G McKerall
Samuel G McKerall
answered on Apr 22, 2017

Yes. You each have an equal interest in the property. The deed can be written in one of two ways. Well, three ways, actually.

It can read that you hold title as tenants in common, in which case each of you holds an undivided one half interest. Under this form of ownership, either of...
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1 Answer | Asked in Criminal Law, Employment Law, Libel & Slander and Small Claims for Alabama on
Q: I am a server in a restaurant. A customer accused me of adding a $4.tip. Customer nor restaurant have receipts.

What should i do to protect myself?

Samuel G McKerall
Samuel G McKerall
answered on Apr 15, 2017

Nothing. Nothing means NOTHING. Don't talk to law enforcement about it. Don't talk to your employer about it. If either of them want to discuss it with you, politely reply that you will be happy to discuss it with them IF, and only if, your lawyer can be present, Then go hire a layer... View More

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