My mom died in Oct of 2023 in Alabama. She left no will and has home with mortgage. No bank account funds or estate income. She has 3 living children. The bank has been notified of her death but mortgage payments still due. Siblings are refusing to help. If appointed as personal representative,... 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
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.
answered on Nov 15, 2023
I am not licensed in LA, so I cannot address the vehicle with any authority, though some states, such as Alabama, allow the transfer of a vehicle without the formal opening of an estate.
To lawfully transfer the Montgomery, AL real property, you would have to open an estate in the probate... View More
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answered on Nov 14, 2023
To redeem property from a tax lien in Alabama, you must repay the delinquent taxes, interest, and penalties in full. You must also pay a $10 redemption fee. You can pay in cash, cashier's check, or money order. You cannot pay with a personal check.
You can redeem your property anytime... View More
Can the contents of home be sold without court approval to help pay mortgage notes? Also, will bank foreclose on the house during the 6 month creditor period if the mortgage notes are not paid? Thank you.
My (Alabama) relative passed away in 2020. The last of the land sold in (Aug) 2022. The probate attorney doesn’t return our calls and the executor of the estate has stopped responding to our requests for a timeline to distribute the inheritance. I reached out directly to the probate court and the... View More
Parents would consent
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answered on Sep 12, 2023
In cases where the parents and the minor child reside in Georgia, and the aunt lives in Alabama, it's typically appropriate to file for guardianship in the state where the child resides, which is Georgia in this scenario. Guardianship matters are generally filed in the state where the child is... View More
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answered on Sep 11, 2023
Conservator can ask Court to relieve him of those fiduciary duties. An accounting will be necessary. He should not just walk away or will probably incur liabilities and contempt of Court.
Alright have a question. My dad passed away sadly in 2012 mind you I was a minor at the time I was left money as a child and my mother asked my lawyer if she could get us a house with it & so she did. She was my guardian I was the conservatee on the deed. I am now 23 years old, she has not... View More
answered on Aug 15, 2023
You likely need to contact a lawyer who can file a lawsuit to enforce the terms of the conservatorship or guardianship. A probate lawyer or general civil litigation attorney may be able to help you. While it is difficult to make a determination without a full review of all facts and circumstances... View More
My husband was arrested on July 14th he was sentenced on July 18th to 45 days for probation revocation in Mobile Alabama he's wondering when his actual sentence starts.
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answered on Aug 7, 2023
If he did not bail out he should get credit for time served since the arrest. This should have been addressed in Court when convicted on the 18th.
The mortgage company is saying they can make me a successor of interest (her daughter). What is that and can I sell her house in the future? She had no debt except the mortgage and some back income tax. I have tried to get information from the IRS about her tax bill, but no one will help me. I am... View More
answered on Jul 27, 2023
If the mortgage is not paid, the mortgage company will simply foreclose on the property, sell it, and apply the proceeds to the unpaid mortgage amount. If there is a deficiency, it will submit a claim to the personal representative of your mother's estate when it is probated. If there is a... 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.
There are several business in this estate that are still operating and generating cash flow. If the business continue to do well will the value of the estate continue to increase until the estate is finally settled in probate?
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answered on Jul 11, 2023
Yes that often happens. If beneficiaries of the Estate take fractions, then as of the Order of Distribution date, the assets are distributed. The new owners take their share at that time.
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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
answered on Jun 5, 2023
It depends on the nature and extent of your husband's estate. If your husband only owned only personal property like clothes, furniture, and household items, you may not need to probate his estate. On the other hand, if he owned real estate, stocks, bonds, automobiles, or anything else with... 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
To petition the court to appoint one named heir to be administrator of the intestate estate?
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answered on Apr 5, 2023
Whoever wants to be the Administrator should file the Probate action and ask the Court to appoint him Administrator. All interested parties should be served so they can object. Hire an AL attorney as Probate can require complicated pleadings.
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.
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