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Alabama Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: In order to receive my deceased father's unclaimed property my brother has to fill out the same paperwork I did. Why?

In the state of Alabama the unclaimed property that was my deceased fathers would go to me and my brother and I've already turned in the documents needed for the claim of the unclaimed property and yet the redundancy is ridiculous of having to turn the same paperwork in multiple times and then... View More

James L. Arrasmith
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answered on Oct 23, 2024

I understand how frustrating it can be to go through the same paperwork multiple times, especially during such a difficult time. In Alabama, both you and your brother are considered separate claimants to your father's unclaimed property. This means each of you must individually verify your... View More

1 Answer | Asked in Estate Planning for Alabama on
Q: What is best and safest to secure the transfer of ownership of a my house/property to my daughter.

Im 36 fully own a property with home and want to know the best and secure way to ensure the transfer of ownership to my daughter in the situation of my sudden demise so the property can't be legally sold or anything without my daughter being a legal adult to make her own decisions regarding... View More

Nina Whitehurst
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answered on Sep 27, 2024

Placing the home in a revocable living trust would work well in this situation. You retain total control during your lifetime and when you pass the house passes to a successor trustee for the benefit of your daughter. You would want to put all of your assets in the trust so they can all be managed... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for Alabama on
Q: Can nephew make me leave a property he inherited even tho it's in the will I can stay

Nephew was willed land and I was willed the right to continue to live on that land now he is trying to eject me can he do that

Anthony M. Avery
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answered on Jun 10, 2024

If a probated will gave him the remainder and you the life estate, then both derive title from the same instrument. And you should not lose possession. But was will probated? If not, you have no rights as nephew might be the sole heir. Hire an AL attorney to represent you.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: How do I get an official document from probate court showing I am owner of my mother's property that passed without will

My mother passed without a will. I am needing a official document from probate Court showing that I am owner of the property but my siblings in myself have not gone to probate court yet. How do I get the document with my name show and I on property

Anthony M. Avery
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answered on May 24, 2024

The heirs can record an Affidavit of Heirship, with notification of the responsible taxpayer to the taxing authorities. But you may still need to file Probate, so consult with a competent AL attorney on this title.

2 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Am I at risk of losing a house I inherited when I have no insurance in my name and mortgage is not in my name ?

I inherited a house from my husband. I have a deed but I have no insurance on the property nor have I worked on getting financing . It was in his name only and I’d prefer not to get a loan in my name. I’ve been keeping the payments up but since his name isn’t on anything anymore (original... View More

James Blount Griffin
James Blount Griffin
answered on May 3, 2024

Your late husband's house is what the lender calls "collateral." Your late husband's insurer calls him the "insured," not you. By keeping up the payments on the mortgage and the insurance, neither the lender nor the insurance will likely pay attention to you for a... View More

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1 Answer | Asked in Estate Planning for Alabama on
Q: In case of death is Property paid off for other owner

My mother and myself own property. If one of us pass will it be paid off?

Anthony M. Avery
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answered on May 1, 2024

No debt payoff occurs unless there is a good credit life insurance policy. Then foreclosure occurs. Read the mortgage instrument.

1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: How long do you have to start settling someone's estate
James Blount Griffin
James Blount Griffin
answered on Apr 9, 2024

A will must be probated within five years in Alabama, or cannot be probated at all; you would then have to open the estate as if there had been no will. Also, if you don't get the estate open and moving, heirs might die and debtors might file for bankruptcy. If the people actually nominated... View More

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Mom died without a Will. She has a home with a mortgage and a car.

Probate has been opened and I’m the personal representative. My sibling took my moms car without my knowledge and won’t bring it back so that it can be sold. What are my options? Can I go and get the car? Can I withhold any money distribution until it’s brought back?

James Blount Griffin
James Blount Griffin
answered on Apr 12, 2024

That vehicle, if titled solely in the name of the decedent, is the estate's property. If you are personal representative, you are responsible to the estate, the court, the creditors, and the heirs to reclaim lost property. When there is no will, your duty to and supervision by the probate... View More

3 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If I get the deed to a home but don’t assume the loan of the deceased borrower, what happens?

I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More

Anthony M. Avery
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answered on Mar 20, 2024

If you do not have a deed to you and you are not an heir, then the titled owners will probably sue your for possession. If the note is not serviced, or taxes/insurance not paid, then the lender will foreclose. You will not receive notice of the foreclosure as you are not on the note. If... View More

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2 Answers | Asked in Estate Planning for Alabama on
Q: Can I transfer a deed from my name to an llc?

I’m in the process of buying a rental property but I don’t have an llc set up. Can I transfer my property?

Anthony M. Avery
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answered on Mar 20, 2024

Yes, once the LLC is properly set up. Remember it is supposed to be limited liability, so use a State LLC law that has some protection. An attorney needs to draft the deed with the correct language so it can be easily transferred from the LLC later.

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2 Answers | Asked in Real Estate Law and Estate Planning for Alabama on
Q: Do I have to get mortgage in my name if my spouse dies and I get the deed? They were the sole name on loan/deed.

I will get the deed to a home owned by my spouse signed over to me from his estate. However, I don’t want to go through the process of trying to refinance in my name. If his estate stays open, can I get the deed to the property but also keep the loan in his name forever? Will the mortgage company... View More

Nina Whitehurst
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answered on Mar 20, 2024

Under federal law the lender may NOT call the loan due and may NOT force you to refinance. As the borrower's "successor in interest" you are entitled to receive the monthly statements going forward. As long as you keep up the payments, the lender may not foreclose.

You may...
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1 Answer | Asked in Business Formation, Business Law and Estate Planning for Alabama on
Q: If I bought out a small business then the previous owner dies. Who owns the merchandise
Tim Akpinar
Tim Akpinar
answered on Apr 12, 2024

An Alabama attorney could advise best, but your question remains open for four weeks. It would depend on the terms of your agreement. Good luck

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Need clarification on a deed between Parent and Child.

DURING THEIR JOINT LIVES AND UPON THE DEATH OF EITHER OF THEM, THEN TO THE

SURVIVOR OF THEM IN FEE SIMPLE AND TO THE HEIRS AND ASSIGNS OF SUCH SURVIVOR FOREVER.

Anthony M. Avery
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answered on Mar 5, 2024

The "upon the death of either of them" language is ambiguous. But the totality of the terms construed with the entire Deed will probably be deemed to result in the surviving life tenant's heirs getting the fee. The

Estates created in the granting clause is a little...
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1 Answer | Asked in Estate Planning for Alabama on
Q: If a person nominated to become trustee over a trust fails to communicate with beneficiary or executor for 11 months can

A successor trustee that's named in the wheel take over the duties and being and being appointed trustee without the courts

Anthony M. Avery
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answered on Feb 20, 2024

If they agree to the new Successor Trustee taking over the monies, property as Trustee, yes. Otherwise Successor Trustee has a duty to ask for a Court to appoint him as the new Trustee, with orders to any Banks. etc. to transfer to the new Trustee.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: USB is suing my late husband's estate and now I can't sell it. It has been 12 yrs. How long is statute of limitations?
James L. Arrasmith
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answered on Feb 25, 2024

The statute of limitations for debts and lawsuits can vary significantly depending on the type of claim and the state in which the lawsuit is filed. Generally, for debts, statutes of limitations range from 3 to 15 years. This timeframe dictates how long a creditor has to initiate legal action to... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Is securing home ownership insurance part of the financial process ? Can I get financing approved without it?

The home I inherited has a debt on it and the house is insured by the estate. Once the estate closes, is it too late to get homeowners insurance or do I need to do that now? I can work on financing for the house but what does that mean for the current insurance? Would I need insurance in my name ?

Anthony M. Avery
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answered on Feb 6, 2024

Most any lender will include property casualty insurance as a term of the Deed of Trust. So you will not get financed or will later be foreclosed upon, if you do not obtain home insurance.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: Can I take equity out of a home if I am not on the original loan or deed, but legally inherited property (home)?

My spouse died and I was not on the loan or the deed the home. The home has a debt on it. I know I can get the deed done up, but what about the loan? I know the debt doesn’t go away and I need to figure something out about that like try to assume it if I want to stay or find a way to pay it off.... View More

Anthony M. Avery
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answered on Jan 31, 2024

You may be able to find a lender for a refinance, which will require you to have it of record how you own as an heir. Affidavit of Heirship and/or probate will be in order. Your credit will be involved. Once you have a source of title, you may be able to sell it subject to the secured debt.

1 Answer | Asked in Estate Planning and Tax Law for Alabama on
Q: Can an administrator deposit a personal check (funds) made out to the estate of funds are needed? Such as $500?

Can an executor deposit funds into an estate account with no expectation of payment in return, giving all to the beneficiary, if there was an error ?

James L. Arrasmith
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answered on Jan 29, 2024

In the United States, an administrator or executor of an estate has certain fiduciary responsibilities to manage the estate's assets for the benefit of the beneficiaries. If there is a temporary need for funds within the estate, the administrator may deposit their own personal funds into the... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Can a mortgage be completely erased if there was no insurance or any other money left behind to take care of it?

If a deceased person left a home with a debt to a beneficiary, regardless of married to them then or not, can or a will a mortgage company erase the debt? The surviving spouse wasn’t on the deed or mortgage. Only the deceased person.

If the surviving spouse gets the deed to the home put... View More

Nina Whitehurst
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answered on Jan 27, 2024

The lender’s mortgage survives the death of the borrower. If not paid the lender may foreclose and take the house.

1 Answer | Asked in Real Estate Law and Estate Planning for Alabama on
Q: Can a mortgage company call a loan due if the person who can assume the loan is being difficult or non responsive?

I am the executor of an estate. A beneficiary of a home (due to a person being deceased) has been granted status as successor of interest. The payments have been kept up via automatic payments under the deceased persons account. If with these circumstances, can the loan be called DUE NOW if he... View More

Nina Whitehurst
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answered on Jan 23, 2024

A home mortgage lender may NOT call a loan due on account of the death of the borrower if the lender has been informed that the property will be inherited by a relative. Your facts did not say whether or not this is case, but that fact is highly relevant. If a relative is the... View More

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