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Questions Answered by Samuel G McKerall
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Looking to buy 10 acres of undeveloped land. The seller has stipulations A-S one of them is I have to follow rules and

Pay fees of homeowners association if one is put in on a 43 acre lot that is part of the track. Is this legal, or something I would be held to?

Samuel G McKerall
Samuel G McKerall
answered on Apr 13, 2017

If you're just at the stage of discussing it verbally, and the seller says that he will insist on putting that in the deed, then yes, if its written in the deed then it is something you would be held to. That would be called a covenant or restriction that would be said to "burden"... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: Grandmother pressed charges on me for grabbing her an now I have court but I didn't touch her can I beat the case?

I live with my grandmother an my probation officer told me there is no way I can be found not guilty an I didn't lay a hand on her so now I don't know what to do at this point please help I am 16 by the way.

Samuel G McKerall
Samuel G McKerall
answered on Apr 12, 2017

Hire a good lawyer to represent you, or cooperate with your appointed lawyer, if you have one. Be very nice to your grandmother, but do not pressure her to withdraw the complaint or you could wind up facing additional charges for intimidating a witness. Let the lawyer handle it. He may be able... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: Is there any law that states that a 17 and 19 year old can't be sexual?
Samuel G McKerall
Samuel G McKerall
answered on Apr 9, 2017

No. Not in Alabama.

1 Answer | Asked in Real Estate Law for Alabama on
Q: Any Alabama real estate lawyers in the house. I need a question answered.

i gave my mother some property through a quit claim deed. The deed was simple.The wording in the deed said sell or convey..quitclaim,etc to my mother. A few months later we found out alabama says a quitclaim deed shouldnt have this wording in it. My question is does this make it invalid?

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

No, that alone would not make the deed invalid. However, without seeing the deed its not possible to tell for certain whether there's anything else wrong with it, or exactly what kind of title was passed. Assuming that the deed is in proper form and was executed and acknowledged or... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: I was recently charged with assualt 3rd after six years. can I ask the case be dismissed?

I worked for and in this city and arrested on other charge within this six year period. I was not aware of this charge from 2010 until November 2016.

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

In Alabama Assault 3rd is a Class A misdemeanor. See Code of Alabama § 13A-6-22(b). The statute of limitations is a law that limits the time between the date a crime is committed and the date the charge is commenced. In Alabama the statute of limitations for misdemeanors is 12 months. See Code... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: If you have a bill of sale,warranty deed, and went to tax assessor, are you the rightful owner of the property?
Samuel G McKerall
Samuel G McKerall
answered on Apr 4, 2017

There's no way to answer that question from those facts. You can have all of that and still have what is called a defective title, which is the label we put on the situation in which you find that, although you have a bill of sale, a warranty deed and have been to the tax assessor, sadly, you... View More

1 Answer | Asked in Constitutional Law, Criminal Law, Domestic Violence and Real Estate Law for Alabama on
Q: If a restraining order is placed on me by my GF and I have to leave our house am I entitled to my clothes in the house

She moved out in February but I was just served with the warrent yesterday for domestic abuse I was arrested then got out today and the cops said I can't get my clothes out of my house and made me leave I don't want the house I'm surrendering the loan to the bank tomorrow but I just... View More

Samuel G McKerall
Samuel G McKerall
answered on Apr 4, 2017

You leave out important facts, like what the PFA warrant accuses you of having done. Appear in court on the date and time stated on the warrant. You have to do this regardless of what you "just want". If you don't appear you will be arrested again and will probably not be allowed... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: Are sellers responsible for repairs to a house after closing? Such as electrical repairs or plumbing repairs.
Samuel G McKerall
Samuel G McKerall
answered on Apr 3, 2017

Possibly. The answer depends on a number of things, including but not limited to the length of time that has elapsed since closing, the terms of the contract under which the house was purchased, whether you inspected the house before closing, whether you hired a home inspection company to inspect... View More

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: We live in Alabama.My mother died in 2003. She has a will leaving her estate to me and my 4 siblings. I am executrix

The only asset is my mothers house i now want to sell. Do I need to go through probate to sell the house? One sibling is deceased now and the other is missing/homeless can't find? What do I do?

Samuel G McKerall
Samuel G McKerall
answered on Mar 16, 2017

Your first problem is Section 43-8-161 of the Code of the Alabama, which provides:

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

This does not mean you do not have a solution to your problem. It means that...
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1 Answer | Asked in Criminal Law for Alabama on
Q: Thank you Mr.McKerall. Do I need to have my answer notarized? Should I have the charge before the answer in my reply?

She also wants me to pay her attorney and court costs. I can't even afford my own attorney. I would like to petition against that and also petition to lower my alimony and put an end date to. So how do I go about petitioning the court?

Samuel G McKerall
Samuel G McKerall
answered on Mar 12, 2017

You do not need to have your answer notarized. You do not need to repeat your ex's charges in your answer, but you do need to refer to them. For example, begin each paraqraph of your answer with this phrase - "For answer to the 1st, 2nd, 3rd, etc, paragraph of the petition, the... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: My ex filed rule nisi charges against me. I want to give a general denial answer. How do I go about doing this?
Samuel G McKerall
Samuel G McKerall
answered on Mar 12, 2017

If you really want to be your own lawyer, which is hardly ever a good idea, prepare your answer to the Rule Nisi according to Rules 7 through 11 of the Alabama Rules of Civil Procedure, which you can Google under that search phrase, or you can find them here.... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: How do I squash a warrant that is 22 years old from Cicero IL. when I have lived in Alabama for 22 years and still do?

In 95' I was arrested for Assault on a Peace Officer. I was 17 years old. Court was in July of that year. I moved to Alabama in June of that year. I turned 18 years old before the court date and I have a FTA warrant. I left Cicero and came to Alabama to provide a safer environment for my up... View More

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

Its simple. You select a competent criminal defense lawyer in Cicero, Illinois, and hire him or her to do it for you. Its not something you can do yourself. Well, technically, you can of course try to do it yourself, but the chances of success are way less than good if you try that. With a case... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: Does the board of a HOA in Alabama have to submit a yearly budget for approval to the association membership.

Also can they install street lights that aren't on common land without a vote of the membership.

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

Like many questions of law, there is no direct answer to your question. You have to derive the answer from other things you know. There is nothing in the Alabama Code that requires an HOA board to adopt an annual budget. However, the condominium documents may well and probably do impose such a... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: My brother and I share a house (heir property). Can he move in a friend against my wishes?

We are 5 siblings that inherited the house. All of us are against him moving in his friend

Samuel G McKerall
Samuel G McKerall
answered on Feb 21, 2017

Unfortunately, yes. All joint owners of real estate have equal rights of possession, and that includes having guests.

1 Answer | Asked in Criminal Law for Alabama on
Q: If i buy from a narc can i be charged with distribution
Samuel G McKerall
Samuel G McKerall
answered on Feb 21, 2017

Not until you distribute it to someone else. However, if you bought a large enough quantity you can be immediately charged with possession with intent to distribute, which is just as serious a charge as distribution.

1 Answer | Asked in Criminal Law for Alabama on
Q: I have two vehicles that were seized by the police. How can I get them back?

It is two Circuit Court civil cases and I have 30 days to file a motion to obtain my vehicles. What motion is it that I need to file in order to get them?

Samuel G McKerall
Samuel G McKerall
answered on Feb 20, 2017

If they are circuit court civil cases this is likely not a criminal law question, unless they are cases of civil forfeiture because the police claim the vehicles were used in the commission of certain types of crimes. If that's not the case then prior to this you were sued for a money... View More

2 Answers | Asked in Personal Injury, Wrongful Death, Criminal Law and Civil Litigation for Alabama on
Q: If someone is in work they are put on road crew and are hit by a car that is speeding what can

(He was on work release )Be done besides the drivers insurance company,is the facility held reliable and if you sue his insurance company can you still take him to civil court or go after the facility,after sueing,his ins.company he was a adoc inmate

Samuel G McKerall
Samuel G McKerall
answered on Feb 12, 2017

This is not a criminal law question. Its a civil law litigation question.

Any time you are injured in any way you and your lawyer should sue every single person, firm, corporation or governmental entity that you and he or she can reasonably determine might be responsible. You do not sue...
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1 Answer | Asked in Criminal Law and Employment Law for Alabama on
Q: The management and most employees at my job are using/buying one or more drugs on the job. What do i do?

I am afraid to be at work and have been told to keep my mouth shut or i wont have a job to worry about.

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

The country is full of unemployed whistleblowers. If you complain to upper management, under the facts as you have outlined them you will probably be fired.

You really have little choice. Stay there and work and keep your mouth shut, or quit. It sounds like if you complain any further...
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1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Alabama on
Q: How to get ejection form started

Someone is living in their mobile home on our property with no lease and no payments. They have been given a 30day verbal to move and then a 10 day notarized written to which they ignored both. How do we proceed to get them off the property

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

Alabama has a self-help law for landlords. Its easy for you to file your own eviction proceeding.

Just visit the Office of the Clerk of the Circuit Court in your county, ask for an eviction form (the official name of which is an unlawful detainer form), fill it out, give it back to the...
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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: my aunt,landlord, refuses to pay and make needed repairs on my residence. what do i do?

i have a puddle of crap, literally under my trailer and all she has done is said she will do something and gave me a box of ridx. she has known about the plumbing issue about a month after we moved in, it is a year now. the deed to the property is still in my mothers name, so by law does she have... View More

Samuel G McKerall
Samuel G McKerall
answered on Feb 7, 2017

You haven't provided enough information to enable anyone to provide you with an intelligent answer.

Why is the land still in your mother's name? If its your mother's land what's your best guess as to why your aunt thinks she can charge you rent? Who owns the trailer?...
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