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Questions Answered by Mr. James Parrish Coleman III
1 Answer | Asked in Real Estate Law for Alabama on
Q: My sister and I own(both names on deed)our home. Can she legally evict me and take my half?
Mr. James Parrish Coleman III
Mr. James Parrish Coleman III answered on Aug 12, 2015

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 contact me... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: I was arrested in bayminette al for a wood weed pipe with no weed but a little resin. I am a first time offender and 18

Is there any way I can not get probation for this misdiminor? Or what will most likely happen to me?

Mr. James Parrish Coleman III
Mr. James Parrish Coleman III answered on Aug 3, 2015

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 »

1 Answer | Asked in Tax Law for Alabama on
Q: When a tax lien for unpaid property taxes is purchased does the tax lien holder have legal right to enter the home?

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.

Mr. James Parrish Coleman III
Mr. James Parrish Coleman III answered on Jul 30, 2015

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 »

1 Answer | Asked in Probate for Alabama on
Q: My dad died and my stepmother did not probation his will am I entitled to anything that was my dads?
Mr. James Parrish Coleman III
Mr. James Parrish Coleman III answered on Jul 30, 2015

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 »

1 Answer | Asked in Traffic Tickets for Alabama on
Q: I got a seat belt ticket in alabama a couple years ago and forgot to pay it? Is there a warrant for my arrest?
Mr. James Parrish Coleman III
Mr. James Parrish Coleman III answered on Jul 30, 2015

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 »

1 Answer | Asked in Foreclosure for Alabama on
Q: I just bought a forclosure home from the bank. The house is occupied. How do I get the people in there out?
Mr. James Parrish Coleman III
Mr. James Parrish Coleman III answered on Jul 30, 2015

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 »

1 Answer | Asked in Real Estate Law for Alabama on
Q: In Alabama, dad passed, no will, he owned 80 acres in his name only, how do I, my mother, and my brother split the land?

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.

Mr. James Parrish Coleman III
Mr. James Parrish Coleman III answered on Jul 30, 2015

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 would be... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: In Alabama does a tax lien holder of land have legal right to enter property on land?
Mr. James Parrish Coleman III
Mr. James Parrish Coleman III answered on Jul 30, 2015

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 »

1 Answer | Asked in Criminal Law for Alabama on
Q: My sister was arrested n Alabama with 4 grams of marijuana but she is from Arkansas. She has never been in trouble befor

What charges may she be facing? Fines, jail time, etc.

Mr. James Parrish Coleman III
Mr. James Parrish Coleman III answered on Jul 30, 2015

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 »

1 Answer | Asked in Real Estate Law for Alabama on
Q: I have been with my common law husband for 16 years we are splitting up we bought our home together but only put it in

His name can he evict me

Mr. James Parrish Coleman III
Mr. James Parrish Coleman III answered on Jul 14, 2015

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 »

1 Answer | Asked in Child Support for Alabama on
Q: Does child support that been court order stop when child move from the state of Alabama
Mr. James Parrish Coleman III
Mr. James Parrish Coleman III answered on Jul 14, 2015

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 »

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