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Alabama Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: I was named in my grandfather's will and his wife is taking it to probate court why would I have to sign something
John Michael Frick
John Michael Frick
answered on Mar 20, 2023

Because you are named in your grandfather's will.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: if you set up a transfer upon death deed will that avoid probate

want to leave my house to my daughter in alabama

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 20, 2023

You probably want an AL attorney to draft an enforceable Life Estate/Remainder Deed.

0 Answers | Asked in Probate for Alabama on
Q: My wife inherited her Aunts house. The will has been thru Probate. Is a new survey and legal description required?

Before a deed transferring ownership can be made is a new survey required?

0 Answers | Asked in Probate for Alabama on
Q: can you get a homestead allowance in alabama if your deceased spouse lived in alabama but you live in another state?

This is concerning Alabama Code 43-8-110. Homestead allowance

1 Answer | Asked in Land Use & Zoning and Probate for Alabama on
Q: If I want to put a well and home on the land that my father willed to me and my siblings do I need their permission

I'm in South Carolina

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 8, 2023

If you are a tenant in common on the property, then yes, you can improve it. But then all TICs own the improved real property, and they might partition it or hold out on any sale until they are paid alot. I advise to hire an AL attorney to search the title, determine ownership, then see if other... Read more »

0 Answers | Asked in Probate for Alabama on
Q: What to do? As PR, 6 months have passed and I didn't know to send Creditors a Personal Notice to file claim with court.

It took me 8 stressful months to collect the only asset of deceased - funds in a Trust by his parents in another state. Without the funds, the debts were moot. When I finally deposited a check into the Estate account, I sent my Attorney an email with Proposed Distribution. He called me to tell... Read more »

0 Answers | Asked in Criminal Law, Civil Rights and Probate for Alabama on
Q: Can a sex offender volunteer to be civilly committed to a mental hospital because he wants to a known pedophile

My family member is a sex offender, he told me he wants to be civilly committed into a long term mental institution and ordered to take a sex offender abel test and a penile test because he wants to show how much of a pedophile he is and his pedophilia urges he’s wants to be labeled a sex... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for Alabama on
Q: Can a property and home be sold if the deed is in someone else's name?

people whose names on the deed are both deceased. There was no will reading, no one truly knew who it went to. It was sold recently by a family member without telling others, and then resold two weeks later to someone else.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 13, 2023

The actual Heirs need an AL attorney now to file suit for Ejectment. It will be difficult and expensive but the alternative is losing the property forever very quickly. A Title Search should be performed first so that all interested parties are sued.

1 Answer | Asked in Family Law, Civil Litigation and Probate for Alabama on
Q: Brother not letting me find out about royalties due me. What can I do?

It's an old estate from grandparents.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 2, 2023

A good start will be hiring an AL attorney to sue for an Accounting. The SOL and Discovery will be significant issues. Collection of any Judgment may also be difficult.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My husband just died and left his entire $1,000,000 life insurance policy to his sister. We have minor children.

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?

Tim Akpinar
Tim Akpinar
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... Read more »

1 Answer | Asked in Personal Injury, Probate and Estate Planning for Alabama on
Q: What does it mean when the Probate Judge gives a check to the paralegal in Alabama
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Probate and Real Estate Law for Alabama on
Q: How long, typically, after closing on the sale of real estate in probate does it take before the beneficiary gets paid?

We closed on the sale 2 mos ago and I haven't heard from my attorney at all. Is this normal?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 10, 2022

No.... Go see the attorney in person. But first determine if he represented you in the first place. If not, you may have a problem with the buyer.

1 Answer | Asked in Family Law and Probate for Alabama on
Q: My father passed 10 years ago do I have ownership in his house?

My father passed 10 years ago. He was married at the time. I was recently contacted by my stepmom asking me to sign some papers on dads house. I just wanted to know if this means I have owner ship in the house. I thought because they were married then everything would go to her. There was not a... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 23, 2022

Hire an attorney to examine the Deed. Both MS and AL attorneys should be able to discern the apparent owner without a title search (assuming they are competent). You are probably an Heir At Law, and thus a Tenant In Common with the other Heirs. Do not sign anything unless you are paid... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: How can I get extra money from the estate if the will was not probated
Anthony M. Avery
PREMIUM
Anthony M. Avery
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.

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Alabama on
Q: My father died 12 years ago. My sister paid all his debts & all taxes on his property have been paid.

she did not file probate when he died. We want to sell his mobile home. What do we do now?

Frank Truncali
Frank Truncali
answered on Aug 21, 2022

Some additional facts are needed before an attorney can fully answer this question. For example, is the mobile home still titled in your father's name? Does this sale involve the land that the sits on? I recommend contacting a probate attorney in your area to further discuss the next steps... Read more »

1 Answer | Asked in Probate for Alabama on
Q: Hello, my father was killed, He had a wife and 3 children. In this case, how is the estate usually divided?

As of now we haven't found a will. Might I also add that 2 of us are grown and from a previous marriage. The other child is also grown but lived in the house with my father and stepmother.

Jack T. Carney
Jack T. Carney
answered on Jul 6, 2022

I’m sorry for your loss. If your father had no Will, then the estate passes by the laws of intestacy. Those laws provide that one half of the estate passes to his spouse and the other half passes to his children.

The estate does not include assets that pass automatically, such as joint...
Read more »

1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Probate for Alabama on
Q: My grandmother passed away September 2021. Myself and another relative are both executors over her probate. Her house

was to be sold and split. I verbally agreed to buy the house and started living in the house before probate was closed. On April 8th, the house burned down due to hoverboard board exploding.

My question is can I sue hoverboard if the house wasn't in my name at the time of the fire or... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 1, 2022

The cause of action for Product Liability, Negligence, etc. is arguably personal property of the Estate. But usually the devisees own the real property when the Will is Probated. To prevent an insurance defense lawyer from dismissing the suit for lack of standing, Both Co-Executors and... Read more »

1 Answer | Asked in Estate Planning, Family Law, Energy, Oil and Gas and Probate for Alabama on
Q: My mother passed away in 2016. My father was the executor of her estate. She inherited oil leases in a few states from

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... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
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.

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