Get free answers to your Probate legal questions from lawyers in your area.
I am the last surviving child and my mom passed away without a will. I am currently living in her single mobile home on 1.5 acres in Mobile, Alabama, and I am paying the mortgage monthly. My mom's name is on the mortgage and property title, and no other family members have any claim to her... View More 
answered on Mar 21, 2025
When someone dies without a will, the estate is settled through the laws of intestate succession. If you were an only child, you are the sole heir if your mother died without a husband. You need a Mobile attorney to help you. The attorney would draft for you a Petition for Letters of... View More
My mom passed away, and I'm the last surviving child. She had no will, and I'm looking to keep her home. I'm still paying the mortgage monthly. There are no other family members with a claim. The property is a mobile home with 1.5 acres, located in Mobile, Alabama. What steps do I... View More
answered on Mar 31, 2025
You will likely need to open an estate in her name under the laws of "intestate succession," that is, probate for someone who died without a will. The heirship is determined by state law by these priorities: widows, orphans, surviving parents, surviving siblings, surviving nieces and... View More
I am the Personal Representative of an estate in Alabama. A petition was previously filed against me in probate court with libelous claims including non-communication, theft, withholding information about the estate, and obstructing the petitioner from accessing the property. I successfully... View More
answered on Mar 31, 2025
Libel is easy to commit but hard to prove, especially to prove damages. I would argue, if I were the other side's lawyer, that you won the battle, shot down their objections to your administration, and got a court order in your favor. Thus, I'd argue that your victory vindicated you so... View More
I am dealing with a complex situation involving my deceased mother's home. After her death in 2018, my stepfather passed away, and his children took over, claiming my brother and I had no rights, despite us paying property taxes on the home. The house, located in Walker County, Alabama, went... View More
answered on Mar 31, 2025
If the home was held by the married couple as "joint tenants with rights of survivorship," then your stepfather got complete ownership the day your mother died. The stepsiblings sold it and pocketed the proceeds and thank your brother cheerfully for paying the taxes. If the deed of... View More
The estate was legally owned by a man who passed away without a will and had no children. His wife also died shortly thereafter, leaving behind relatives such as a mother and grandmother. The estate includes two houses, approximately 180 acres of land, and an unknown amount of money in the bank,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2025
A relative will need to hire an AL attorney to search the land title, and determine heirs and next of kin. Probate will probably be needed which requires an attorney and expenses including a bond.
I am inquiring about the distribution of an estate located in Alabama. A man, who had a deed to his estate, married, and both he and his wife died shortly after without having any children or leaving a will. They are survived by a parent, brother, and other relatives. No relatives have any legal... View More
I am currently renting a property managed by the daughter of the rightful owner who passed away years ago. The owner remarried after divorcing the landlord’s mother, and no written agreement or transfer of property ownership was executed in favor of the daughter. Since the owner's passing,... View More
My father passed away in 2013 without a will, and at 19, his estate was cleared, granting me access as the sole heir. However, his family withheld a safety deposit box he had at a bank, which they cleared out shortly after his death, despite not being listed as co-signers or having legal duties... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025
You may have a valid legal claim regarding the safety deposit box despite the time that has passed. Your father's family members potentially committed conversion (taking property belonging to another) and breach of fiduciary duty if your aunt was handling estate matters without proper... View More
The heir in question is the spouse of one the heirs who is deceased
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2025
You will probably have to ask the Court for an order to divest and convey that interest. Then the share proceeds will be held in the Court's registry account.. Hire an AL attorney.
Signature is suspect., Time line does not fit the situation.
I am the husband of the deceased.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2025
In Alabama, the deadline to file a will contest in probate court is typically six months from the date the will is admitted to probate. The first question you must ask is whether a petition to admit the will to probate has been filed. Also important is whether you know of any other versions of a... View More
My husband had annuities and insurance for his adult children, and I am not sure if I am interpreting the law correctly for Alabama when it says that a spouse in Alabama cannot be left out. My husband had a will but I was not included in it. So when the law says it is impossible for the spouse to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2024
Hello, you are referring to the Alabama Elective Share Statute, Ala. Code § 43-8-70, et seq. When calculating the elective share, the value of the surviving spouse's separate estate is considered. This includes all property and assets that the surviving spouse owns independently of the... View More
Is a power of attorney legal if it has marked thru incorrect and corrected addresses?
answered on Nov 21, 2024
To invalidate a power of attorney, you must have both facts and law on your side. Every lawyer has had a client walk in who noticed a misspelled name, incorrect address, misidentified party, incomplete description, or typo. Correcting incorrect addresses does not necessarily invalidate a signed... View More
With the court system and she didn't have a will and I'm the sole heir as I am the only surviving child of hers
answered on Nov 18, 2024
Is the deed signed, dated, and properly notarized (signed and stamped by notary public)?
If so, would anyone object to the deed's validity and claim that your mother did not actually deliver the deed to you as the new owner? Deeds need to be "signed, sealed, and delivered."
I am the Personal Rep for my Mom's estate in SC, where she resided. She has a will, Probate has been opened here. She has land in Mobile county, AL, (< 12 acres) the estate is small. What do I do about the AL land? I am looking for low cost solutions. How much are your fees? I live in SC also.
answered on Nov 6, 2024
What you need is something called "Ancillary Administration," which is estate administration in a second state. Look at the Will and see if there is provision for you as personal representative to open a second estate in another state. That would make things easier. Well-prepared wills... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
IRA 401 k retirement stock bond pension
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2024
Hire an AL attorney to see if Probate is needed of not. Most or all of the properties you listed should go to the designated beneficiary, and not distributed through an Estate.
I live in warrior alabama
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2024
The owners are probably the heirs of GrandMother. Hire a lawyer to search the title and determine heirship if you are interested in the land. The lease needs to be signed by all owners or the property manager. Any tenant in common can lease, and any tenant in common can sue you for... View More
The city demolished my house and did not contact me first. The house that I was in the process of refurbishing was knocked down before I was made aware. Now, I believe the city has a lien on my property for the demolition that I did not authorize. I was in the process of buying the property when... View More
answered on Jun 20, 2024
In almost all instances, the city is required to notify the "record owner" reflected in the official deed records at the address on file in the official records. If the owner moved, it is incumbent on him/her to timely change the address in the official records. If you were "in the... View More
Last week, Dr. Benesh, a neurologist at UAB, evaluated him and determined that he has capacity and can make his own decisions. Based on the social worker's lie, a conservatorship was appointed. Eventhough I have a durable POA, and the conservatorship was fraudulent. This was at the second... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2024
To present this new evidence before the ruling on June 6, 2024, you need to act quickly. First, gather all relevant documents, including the neurologist's evaluation from Dr. Benesh, your durable Power of Attorney, and any other evidence showing your father's capacity and the... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
