Get free answers to your Estate Planning legal questions from lawyers in your area.
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 
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?
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... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
answered on Aug 21, 2022
Are you looking to create a trust or is this related to an existing trust?
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... View More
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.
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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?
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... View More
and the money split between he and my mother. His name was the only one on both the deed to home and the ALTA statement and she wasn’t given a 1099. The money was split at the title office and deposited directly into the two separate accounts. How would she need to file this on her taxes?... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2022
You wrote that your grandmother deeded her home to your uncle, but it sounds like she did not deed 100%. If she deeded to him a co-tenancy or joint tenancy interest, that would explain why the proceeds were divided between them. However, because of the inconsistencies in the facts given, and due... View More
answered on Feb 21, 2022
If your husband was a resident of Alabama at the time he signed the Will, then to be valid it must be witnessed by two people. The notary could certainly serve as one of those witnesses, but more than one witness is required.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2022
You have not asked a question, but I assume you are asking what to do about the two nephews. You need to hire an attorney to help you determine the validity of their claims. It is likely that their claims are legitimate if they are the children of a predeceased sibling of yours. Having no will,... View More
Should we inherit or transfer deed into name and just pay the property taxes?
answered on Jan 7, 2022
A Living Trust would be one of the best simple ways for your father to set up his estate plan. The real estate would need to be transferred to the Trust and the documents would most certainly need to be prepared by an attorney. An Attorney who practices in the area of estate planning and tax law... View More
They have all necessary papers to prove I am personal representative. My parents’ estate is receiving stock dividend checks and the credit union is rejecting them. They refuse to deposit anything saying that I cannot transact on the account. It is difficult to get everything changed over to the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2021
Try contacting the issuers of the stock dividend checks and tell them that your parents are deceased. Provide death certificates and letters of administration and get them to re-issue the checks to you as PR of the estate(s) and then you can deposit the dividend checks to the estate account.
I've lived in the home have taken care an maintain all needs of home. Step dad remarried and now his new wife wants to push me out of home and sell property? Do I have any rights to do anything
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2021
From your statement of facts, apparently stepdad has the title. Hire an attorney to search the title.
My brother has ALS. He cannot sign the POA back page. He signed the 1st page in 2019. It was notarized and we just simply skipped right over the back page signature. Is it valid?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2021
It is difficult to answer this question without seeing the instrument itself, but as a general rule an in signed POA is not valid. If your brother still has mental capacity, however, he can “sign” a new one using a legal process whereby he authorizes and directs someone else to sign for him. An... View More
please help
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2021
Many times the Deed will have the preparer of the instrument on it. Sometimes the drafting attorney will notarize the grantor. So start by looking at the Deed closely. You might contact the grantor and ask him.
were to get it back from her. One of my brothers died in 2014 no Will and he didn't own anything(rented sec8 house, no creditcard, on disability, car was paid off, My mom paid for his funeral) so there was no probate filed by his 2 kids. 2 years ago my dad's wife (still living) signed the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2021
Simply sell the real property to someone else. There may not be any title insurance available for several years on your property, even though it does not cover very many risks.
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.
