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Alabama Probate Questions & Answers
2 Answers | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: I have a power of attorney drawn up by an attorney who marked thru incorrect addresses. Is it legal?

Is a power of attorney legal if it has marked thru incorrect and corrected addresses?

Anthony M. Avery
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answered on Nov 19, 2024

If the POA was executed correctly after the corrections, then it should be enforceable. Principal might make a new POA if the document is an obvious mess. Make 3 or 4 originals.

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2 Answers | Asked in Real Estate Law and Probate for Alabama on
Q: Mother passed in 2022 I just found the quick claim deed she had drawn up giving me the house but she never filed it

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

James Blount Griffin
James Blount Griffin
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."

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1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: I'm Pers. Rep for my Mom's estate in SC, where she resided. She has a will, Probate opened n SC. ? about land in AL?

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.

James Blount Griffin
James Blount Griffin
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

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 Probate for Alabama on
Q: How do I apply for probate on my husband estate

IRA 401 k retirement stock bond pension

Anthony M. Avery
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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.

1 Answer | Asked in Probate for Alabama on
Q: I rented land from a friend that claimed he owned the land but it's owner is his dead grandma with no will

I live in warrior alabama

Anthony M. Avery
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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

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: Is it illegal for the city to demolish a house I bought without contacting me?

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Family Law, Libel & Slander and Probate for Alabama on
Q: A social worker, in a petition to the court, falsely claimed that my father was "an Incapacitated Adult."

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

James L. Arrasmith
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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

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.

1 Answer | Asked in Probate for Alabama on
Q: My car is no longer drivable so how do I cancel my car tag when they tell you to bring it in in person?

I have no transportation or a way to get there. I also have no one to take it down there for me.

Tim Akpinar
Tim Akpinar
answered on Apr 29, 2024

An Alabama attorney could answer best, but your question remains open for three weeks. In many regions, motor vehicle departments accept surrender of license plates by mail. It could be worth checking with your local state office if they offer this. Good luck

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

1 Answer | Asked in Probate for Alabama on
Q: Mother died Jan 2023 w home in IL and AL. I am only heir (there is a will) and also executor. Went through probate in

AL but could not also afford in IL. Sent letter to mtg holder in IL saying I did not want house and they could foreclose. My name NOT on title. Can they sue me for attorney costs or any other house related costs?

Anthony M. Avery
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answered on Mar 29, 2024

This query needs to be posted in IL. But you should not have any personal liability as only being an heir. Probably should not have wrote anything to lender, but just abandoned it. Since you did, you might want to read the Deed of Trust and Note verbatim. Lender may want you to give a quit... View More

1 Answer | Asked in Probate for Alabama on
Q: i was left my step dads estate he had several million in cash and several hundred acres his daughters coming after it

the will reads i get it all he owed back child support

Anthony M. Avery
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answered on Feb 26, 2024

If you have read a Will that has been admitted to Probate, and you are a significant beneficiary, then hire an attorney to represent you. The child support will be claims against the Estate. Where is the Will? If not probated, then you need to file it. Again, hire an attorney to represent... View More

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 Probate for Alabama on
Q: How long does the court appointed lawyer as executor have to settle the estate of the deceased?
James L. Arrasmith
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answered on Feb 4, 2024

The duration for settling an estate when a court appoints a lawyer as executor in Alabama can vary widely based on the complexity of the estate, the assets involved, and any potential disputes among beneficiaries or creditors. There is no fixed timeframe mandated by law. However, it's... View More

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 Probate for Alabama on
Q: Can a verbal agreement and/or verbal promise be legally binding for a will?

When dad died, stepmom made a verbal agreement and a verbal promise that, when she passed away, her stepdaughter would receive dad’s inheritance and her daughter would get hers. However, when she died, her daughter got everything. Stepdaughter was never told that stepmother had passed away.... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

No.

At best, stepdaughter might have a claim based upon promissory estoppel if she made some sort of out-of-pocket expenditure in reasonable reliance upon stepmom's verbal promise. Her measure of recovery would be limited to the out-of-pocket expense she incurred.

A will--even...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: I LIVE IN AL, MY WIFE PASSED IN AUGUST2023 THERE WAS NO WILL AM I RESPONSIBLE FOR MY WIFE'S PERSONAL DEBT.

MY NAME IS NOT ON ANY OF DEBT SHE CREATED. TWO OF THE DEBTS ARE CREDIT CARDS AND THE OTHER IS A PERSONAL LOAN. THE ONLY THING WE SHARED WAS A BANK ACCOUNT, HER NAME HAS BEE REMOVED, AND OTHER THING IS THE DEED TO OUR HOME WHICH HAS NO MORTGAGE.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jan 4, 2024

NO

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: Live in my family home but never changed deed over after my mum died. Property taxes went up 600$ more this year

Increase because homesteaders rights were took away even though I'm 68;but it hasn't been changed over to me. She's been dead 8-10 years now. Don't know if her will went through probate because my brother died after she did and he was executor. How do I get deed in my name or... View More

William Vann Burkett
William Vann Burkett
answered on Dec 27, 2023

You will likely need to file a quiet title action to get a deed to the property. This will involve suing any person that might have an interest in the property. The other option that might be available is to go through the probate process. This would likely need be done in the county where your... View More

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