Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Frank Truncali
1 Answer | Asked in Family Law and Elder Law for Alabama on
Q: Where can i find online the AL codes/doc to file a conservatorship &codes to file for revocation of demented mothers POA

My 92yo mother is in my care now, as my sister.. her POA has not been taking appropriate care of her. She has dementia, and is unwilling to use my mothers social security to help provide sitters for care..she is a total care patient. I am 75yo and need help. The courthouse said i could look online... Read more »

Frank Truncali
Frank Truncali answered on Apr 26, 2019

Some probate courts have forms and code information online. I would look at some of the larger counties such as Montgomery or Mobile. On the POA, it all depends on the language in the document. Generally, the person that granted the POA is the one that files to have it revoked but in this... Read more »

1 Answer | Asked in Probate for Alabama on
Q: What does it mean to " Deposit a will" at Probate court ?

Who can then instigate the process to actually move forward and probate the will ?

Frank Truncali
Frank Truncali answered on Apr 10, 2019

Depositing a will usually means delivering it to the probate court where it will be kept. It is generally deposited along with a petition to probate the will. The person named executor in the will normally starts the process. If that person is deceased, unwilling, or unable, to petition the... Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: What is the penalty for liquidating decedents assets and distributing them according to the will w/out going through pr

without going through probate?

Frank Truncali
Frank Truncali answered on Nov 15, 2018

The problems you could have by not probating the will would be related to changing the legal ownership of certain types of assets or dealing with an heir who believes the will distribution was not handled properly. If there is any real estate in the name of the deceased, probating may be... Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: Estate go to wife of person who died?

My husband's brother (xxx) died February 2018, leaving 1/3 of his estate to my husband xxx. xxx passed 2 weeks ago, August 2018. The sister (executor) now says xxx's 1/3 share does not go to me as wife of xxx, but to our daughter. Is this correct, even though husband's brother, xxx, passed first?

Frank Truncali
Frank Truncali answered on Sep 5, 2018

As long as a beneficiary in a will (Chuck) survives more than five days after the death of the testator (Bill), then Chuck's interest would go into his estate. As surviving spouse it should go to you first. That is the general rule. One exception would be if Chuck had specific language in his... Read more »

1 Answer | Asked in Probate for Alabama on
Q: I believe my mother had insurance policies that would pay upon death. How do I find out if I was a beneficiary of any.

I had to sign something at funeral home releasing funds to pay for her burial. I feel like my dad and my aunt are hiding something from me in a bank in Harris county. I just want my share of the inheritance. My mother passed away in 2014

Frank Truncali
Frank Truncali answered on Aug 27, 2018

There are two ways to search for policies. The first is through the National Association of Insurance Commissioners. Their website is https://eapps.naic.org/life-policy-locator/#/welcome . They can do a search for you, but it could take up to 90 days for an answer. The second option is... Read more »

1 Answer | Asked in Probate for Alabama on
Q: My mother died in AL, but her only property is real estate in TN (20K). Is probate necessary? Do we do it in AL or TN?

To clarify, she was an AL citizen when she died. No residence in TN, just a piece of land.

Frank Truncali
Frank Truncali answered on Aug 24, 2018

It may be necessary to open two estates, unfortunately. You have to open an estate in the county where the person lived at the time of their death and then do an ancillary estate in the county where the land is located.

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.