Get free answers to your Probate legal questions from lawyers in your area.
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 Dec 17, 2024
Before you look into the difficulties and expense of a will contest, contact an AL attorney about electing against the will and other surviving spouse options.
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.
I have no transportation or a way to get there. I also have no one to take it down there for me.
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
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
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?
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
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
the will reads i get it all he owed back child support
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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
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... View More
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.
