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2 Answers | Asked in Probate, Foreclosure and Real Estate Law for Alabama on
Q: Mom passed, only one heir, resided in ˢᵀ.Martin Parish, owns home in Mont., AL, she passed in Htx, how to obtain probate

No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.

Frank Truncali
Frank Truncali
answered on Nov 15, 2023

In order to transfer the title to the property in Montgomery, it would be necessary to open an estate in the Montgomery County Probate Court. The person who is handling the estate must be an Alabama resident. This would not address any property located in Louisiana, however. If a family member is... View More

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2 Answers | Asked in Probate for Alabama on
Q: how do i redeem property from tax lein
Frank Truncali
Frank Truncali
answered on Nov 15, 2023

The process to redeem the property will depend on how long it has been since the tax sale and whether a tax deed was issued. If it is less than three years, then it could be handled through the county tax assessor. If it has been more than three years, then it would require court action. My... View More

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1 Answer | Asked in Real Estate Law, Elder Law and Probate for Alabama on
Q: My father died 12 years ago. My sister paid all his debts & all taxes on his property have been paid.

she did not file probate when he died. We want to sell his mobile home. What do we do now?

Frank Truncali
Frank Truncali
answered on Aug 21, 2022

Some additional facts are needed before an attorney can fully answer this question. For example, is the mobile home still titled in your father's name? Does this sale involve the land that the sits on? I recommend contacting a probate attorney in your area to further discuss the next steps... View More

1 Answer | Asked in Estate Planning for Alabama on
Q: I need help with a trust
Frank Truncali
Frank Truncali
answered on Aug 21, 2022

Are you looking to create a trust or is this related to an existing trust?

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... View 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... View 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... View 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... View 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... View 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... View 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.

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