No, she can't. First, there is no contract of lease, so there can be no eviction. Second, if it is true that you and she were both deeded the property, then you have every bit the right to the land as she does and she can't eject or oust you simply because she wants to. Feel free to...Read more »
It depends on a number of factors, including but not limited to whether you have any prior criminal convictions. I would recommend hiring an attorney to help you with this. If you are a first time offender, you can probably avoid jail time and possibly avoid having a conviction on your record if...Read more »
I paid for the house in cash so no mortgage is due on the home. I have not paid taxes for two years. Tax sale was 5-20-14. Person who purchased lien on 7-6-15 but actually changed the locks on the house before they paid the taxes.
In short, no. Based on your question, I would guess that the person likely holds either a tax certificate or a tax deed (one may demand a tax deed three years after they acquire a certificate of sale, i.e. a tax certificate). In any event, they are not owners of the property in fee simple, and...Read more »
An important question here is when did your father die? Wills may be probated no more than five years after the death of the decedent. Thus, if your father has been dead for longer than five years, the will may no longer be probated. If he died less than five years ago, anyone with a claim to...Read more »
Probably. You should call the municipality or county where you got the ticket and find out. If you have a warrant out on you and you get pulled over, you WILL be arrested, so it would behoove you to fix this and get it behind you. If you got the ticket in Mobile or Baldwin County and would like...Read more »
You would bring an action in ejectment and have them ejected from the property. Of note here is that when a person's house is foreclosed on, they have a limited time to vacate the premises and, if they fail to do so, then they lose their right to redeem the foreclosure by paying what they owe...Read more »
He's been dead for about 5 years now and the land is still in his name. My mother lives on the property. She refuses to let the property go through probate (she's claims it will cost too much) and there are no liens against the property that I know of.
If your father has been dead for five years, then the time for being able to probate the will has passed. In Alabama, a will must be probated, if at all, within five years from the date of the decedent's death. With no will, your father's property devolves to his heirs at law, which...Read more »
If the owner does not wish for them to enter onto the land, then they are trespassers and the owner can demand that they not enter the land. One who holds a tax lien only as the rights to the land that the State of Alabama or the County in which the land is situated had to the land before it gave...Read more »
Where was she arrested in Alabama? She will likely be charged either with unlawful possession of marijuana in the first (if they determine that she intended to use it for something other than for her personal use) or second degree (if she intended it for her personal use only). I would guess that...Read more »
Unless there is a lease with you as the tenant/lessee and him as the landlord, then an action to evict will not lie in court, and he would therefore be unsuccessful in trying to evict you. A more appropriate action would be an action to eject you from the property. Important here is whether the...Read more »
No. The mere fact that a child no longer lives in the state from which the original child support order originated does not mean that you no longer have to pay child support. In any event, you may not decide on your own to not pay child support. You would have to seek a modification of child...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.