I am the executor of my mothers estate. My father is the beneficiary of a home with a mortgage. He is working on assumption of the Loan but it has not happened. Initially as his power attorney, I was also communicating with the company on his behalf. For different reasons, I am considering having... View More 
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answered on Dec 20, 2023
There is no need for your father to assume the loan. As the legal heir/beneficiary he can simply keep making the mortgage payments, and the lender is obligated under federal law to provide statements and other loan information to him. He is what is called a legal "successor in interest".
For mortgage assumption, who coordinates the closing and updating the deed when it is an assumption and not a “new loan.”
Is it the lender or does the buyer find their own closing attorney? This is for a mortgage on the home of a deceased person. The deceased was the only name on the... View More
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answered on Dec 13, 2023
The title (what you are calling the deed) is updated by the probate process. When approved by the court (usually), the executor signs a deed transferring title from the estate to the heir(s).
If this is a house, you should know that none of the heirs are obligated to assume the loan, but... View More
I have copy of settlement offer and my response draft and counter offer. Can someone review it and let me know if it’s adequate
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answered on Dec 4, 2023
This is not legal advice as to this specific case you have submitted but information I believe is relevant to your question. That said, you should hire a lawyer to navigate all the possibilities before you. In general, these types of cases can involve many documents. A lawyer will need all... View More
Sister passed away I just need help I really need help he sold an option of our property he was the conservator of my grandmother at the time I spoke to him and tried to explain to him to sell the property or auction off the property he would not listen he told me I had nothing to do with it I was... View More
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answered on Nov 19, 2023
If your grandfather left a will that included you, your grandmother, and your sister as beneficiaries for property, it's important to understand the terms of that will and how it affects the property now. If your grandfather was the conservator of your grandmother, he would have had certain... View More
My mother and father are both disabled. They own their home and land. There are two liens on their property. Can they still transfer ownership of the property to me? (I am also disabled) Will the liens apply to me in anyway? Will I have to pay them? Could I lose the property? It is my current... View More
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answered on Sep 14, 2023
The transfer of the property to you may trigger the liens if they are attached to the property itself. Whether you would be personally responsible for the liens would depend on various factors, including the nature of the liens and state laws. Consult with an attorney experienced in real estate and... View More
Hospice bill exceeds home value. My brother passed last month. Leaving me and sister. I did not keep close ties to anyone once I left for military service. I want nothing to do with property. How do I disclaim in writing? What facts do I state ? My Sister can have my share.
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answered on Jul 26, 2023
Hospice bills are not subject to estate recovery, but Medicaid bills are. Make sure you understand exactly which program was paying for her care.
answered on Jul 25, 2023
I'm sorry that you're having an issue. I'm not sure I understand the question that you're asking so I'm going to answer as I understand it. I think you're asking how long does an executor of a will have to settle an estate and can the executor stop the other... View More
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answered on Jul 9, 2023
Your statement of facts does not contain enough information to answer your question.
When you say you are "on" your parent's bank accounts, exactly what do you mean by "on"?
Are you a tenant in common? Joint tenant with right of survivorship? Attorney in... View More
My mom thinks that she has to do some weird legal workaround so that when we inherit her property we won't have to lose a ton of money on inheritance. I've researched as much as I can but she's not convinced. I've looked at AL and federal tax laws and can't find anything... View More
answered on Jul 4, 2023
Your mother may be worried about inheritance taxes, which are taxes on what you inherit. Fortunately, there are no federal inheritance taxes, and, just as well, there are no Alabama inheritance taxes. She will not pay taxes on what she inherits (unless, perhaps, she moves quickly to New Jersey,... View More
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answered on Jun 30, 2023
Under Alabama's Probate Code, claimants generally have six months from the date of the first publication of notice to creditors to file their claims against an estate.
Tuscaloosa Court House but she did not redeed it to him. There is only one sibling left and now she wants to sell the house, what can I do as the widow of the son. Does the house belong to me?
answered on Jul 4, 2023
This is a complex question. A stated intent is not enforceable. In probate and real estate law, written and notarized documents, i.e., deeds and wills, rule.
If the person whose name is on the deed as owner of the property died without a will, then the property is ruled by the laws of... View More
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... View More
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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.
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... View More
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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... View More
Step mother now pushing breach of contract also we are in bankruptcy.
answered on Mar 29, 2023
Step mother needs to be added as a creditor in bankruptcy to stop her from taking any action.
My husbands mom is in an Alabama nursing home and is up to her teeth in debt. Will we inherit that debt?
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.
want to leave my house to my daughter in alabama
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answered on Mar 20, 2023
You probably want an AL attorney to draft an enforceable Life Estate/Remainder Deed.
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?
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.
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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.
Disagreement on the division of the property?
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... View More
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