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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.
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.
I'm in South Carolina
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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... View More
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.
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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.
It's an old estate from grandparents.
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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.
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?
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... View More
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
We closed on the sale 2 mos ago and I haven't heard from my attorney at all. Is this normal?
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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.
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... View More
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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... View More
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