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Alabama Estate Planning Questions & Answers
0 Answers | Asked in Estate Planning for Alabama on
Q: My grandmother was deemed incapable of making decisions and on her behalf my step aunt filed for guardianship and I need

It removed. I was unaware of my grandmothers living conditions and her step daughter filed for guardianship with selling my grandmothers 350,000$ house being the only thing she wanted which was supposed to be passed down to me

0 Answers | Asked in Estate Planning for Alabama on
Q: I have a publication from the Alabama State Bar Volunteer Lawyers Program which states that "There are no notice require

ments of issuance of Letters of Administration of Estates. Is this correct, and does it still apply?

0 Answers | Asked in Estate Planning and Banking for Alabama on
Q: I am trying to determine validity of an IRA opened at first southern federal savings and loan association of Mobile.

Cannot find a number to call or if they have been bought out. Ron Cunningham slypig @cfl.rr.com

1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: My father in law just passed away. He set it up to where on his death his 1.5 acres with his house and another

Unattached 50 acres were automatically deeded to my husband and his sister. He had a mortgage. The sister says she wants nothing to do with the house or land so my husband asked her to sign a quit claim deed so that the bank will let him redo the mortgage and pay it off. She says that it has to go... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 1, 2023

Your statements do not make sense. However a possible solution is have an AL attorney search the title, and draft a Quit Claim Deed for the one or two tracts to be conveyed from the Sister to your Husband. Sister would not have any financial or legal obligations.

2 Answers | Asked in Real Estate Law, Agricultural Law, Estate Planning and Probate for Alabama on
Q: Land given to me but not left in a will was sold off. Do I have rights to it since I've kept it up as mine since 2009?

Land has been in my family since the 60's, my grandmother was killed in 2019 and had given me a small section of land adjoining mine back in 2009, but she never updated her will to include it as said. Her house and property was sold off in 2021. Now my yard with my kids playset, etc which... Read more »

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

If your grandmother gave you a piece of land, even if it was not included in her will, then legally you would have a claim to that land. However, if the property was sold without your knowledge or consent, you may need to take legal action to assert your rights to the property.

You may want...
Read more »

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2 Answers | Asked in Civil Litigation, Contracts, Bankruptcy and Estate Planning for Alabama on
Q: Joint ownership of purchased property pre inheritance by step mom 3-4 yrs later made own mortgage contract only 2 signed

Step mother now pushing breach of contract also we are in bankruptcy.

Timothy Denison
Timothy Denison
answered on Mar 29, 2023

Step mother needs to be added as a creditor in bankruptcy to stop her from taking any action.

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1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: I was named in my grandfather's will and his wife is taking it to probate court why would I have to sign something
John Michael Frick
John Michael Frick
answered on Mar 20, 2023

Because you are named in your grandfather's will.

1 Answer | Asked in Estate Planning and Family Law for Alabama on
Q: Does next of kin inherit deceased mothers debt

My husbands mom is in an Alabama nursing home and is up to her teeth in debt. Will we inherit that debt?

Kristine Jones
Kristine Jones
answered on Apr 5, 2023

Hello. Thank you for your question. No. Debts do not survive after the person who created the debt passes. Best wishes to you and your family.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: if you set up a transfer upon death deed will that avoid probate

want to leave my house to my daughter in alabama

Anthony M. Avery
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Anthony M. Avery
answered on Mar 20, 2023

You probably want an AL attorney to draft an enforceable Life Estate/Remainder Deed.

1 Answer | Asked in Estate Planning for Alabama on
Q: Who funds the money to cover the homestead allowance under Ala code 43-8-110...where does the $15,000.00 come from?

This is in reference to a surviving spouse of a decedent who was domiciled in Alabama, but the spouse only lived in Alabama for 5 months of 2022, and the spouse moved out of state 6 months before the person died in Nov 2022. Is the surviving spouse entitled to this homestead allowance?

John Michael Frick
John Michael Frick
answered on Mar 17, 2023

The $15,000 homestead allowance is deducted from the appraised value of the homestead before calculating the taxes owed.

The surviving spouse is entitled to this property tax allowance if the decedent was domiciled in Arkansas.

2 Answers | Asked in Estate Planning for Alabama on
Q: Is a durable power of attorney only effective when I'm incapacitated?
Nina Whitehurst
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Nina Whitehurst
answered on Feb 23, 2023

You can design a durable power of attorney to be effective immediately, or to be effective only in the event of incapacity.

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1 Answer | Asked in Estate Planning for Alabama on
Q: My dad died in October. He had his property and assets in a trust for me and my 2 sisters. How do we resolve a disagree

Disagreement on the division of the property?

Jack T. Carney
Jack T. Carney
answered on Jan 31, 2023

The terms of the trust itself will address the division of the property and the Trustee is the individual or entity in charge of carrying out those wishes. Those facts will address how the situation may be resolved.

However, you may want to consider some form of alternative dispute...
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1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My husband just died and left his entire $1,000,000 life insurance policy to his sister. We have minor children.

He told me I was beneficiary. Life insurance policy was paid for 12 years from our joint account. Married over 17 years. 2 minor children. Do I have cause to contest this?

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2023

An Alabama attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your husband and the concealment of the terms of the policy. This is posted under Bad Faith, but attorneys who practice in the Probate and Estate Planning categories might be a better... Read more »

1 Answer | Asked in Personal Injury, Probate and Estate Planning for Alabama on
Q: What does it mean when the Probate Judge gives a check to the paralegal in Alabama
Tim Akpinar
Tim Akpinar
answered on Dec 21, 2022

An Alabama attorney could advise best, but your question remains open for three weeks. If this is about a personal injury case (the originally posted category) that involves an estate, you may want to add "Estate Planning" and "Probate" to your categories. Good luck

1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: How can I get extra money from the estate if the will was not probated
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 21, 2022

If you are a Next of Kin or Heir, and there are sufficient assets, then you might consider administrating the Estate as Intestate. Then there may be distributions, or you might file your own Claim. Hire a competent AL attorney.

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If the estate of my wife's grandmother who is deceased is in her care does that mean that the property is legally hers?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 13, 2022

No You may want to check the Probate File at Court. It sounds like the wife is an Administratrix/Executrix.

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 Estate Planning, Family Law, Energy, Oil and Gas and Probate for Alabama on
Q: My mother passed away in 2016. My father was the executor of her estate. She inherited oil leases in a few states from

her parents. My father didn't transfer them over to his name. He passed in 2019. I am the executor to his estate. Problem is, she passed in Alabama and I am a resident of Virginia. We had to get a 3rd party resident of AL to handle the transfers of the oil leases to a LLC for my sister and... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 10, 2022

I assume that there's an attorney involved with your mother's estate? if so, speak to that attorney. if you have issues with him, then consult with another probate attorney and seek what is recommended.

1 Answer | Asked in Estate Planning for Alabama on
Q: My son died, and was not married. His Ex girlfriend is trying to claim everything is hers. What is my rights?

They are one time shared the same address but she had recently moved out and in with her mother. Now she's claiming they were back together. And that everything is hers. What is my rights?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 3, 2022

If you son did not have a will, then chances are you and his father (if living) are the sole heirs of his estate. If your son had a will, then the heirs are whomever he said they are. You should contact a probate attorney for help with this before all of the assets disappear and are unrecoverable.

4 Answers | Asked in Bankruptcy and Estate Planning for Alabama on
Q: I had a bankruptcy lawyer to tell me to stop paying all my bills, put my houses in a trust and then tell me 4 months to

Come get half my money back. He’s ruined my life. I sold my house and he didn’t file my trust papers with the courts. I had to pay the closing attorney to finish it. Is this malpractice?

Kevin M Ryan
Kevin M Ryan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2022

The bankruptcy code requires a disclosure in the Statement of Financial Affairs of any assets transferred to a Trust within 10 years of the filing date for the case. I am not sure why the lawyer advised you to do this, because they can still be considered an asset of the bankruptcy estate ( a... Read more »

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