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she did not file probate when he died. We want to sell his mobile home. What do we do now?
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... View More 
State of Alabama. Settlement Offer to defendants: out of pocket: court cost $854; appraisal $750, publication fees $1127. Att fees: $6,850 (*1/2 customary 10% in partition case); Plaintiffs: $6,000. Total $15,581. The attorney did not assist defendants (provided names of heirs and appraisal) Why is... View More
answered on Aug 3, 2022
Alabama law typically allows the Plaintiff's attorney's fee and expenses to be paid from the proceeds of the sale. However, a judge may review objections and determine a reasonable fee for the Plaintiff's attorney. Because I do not know the specific facts of your case I cannot give... View More
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answered on Aug 4, 2022
You should contact a local attorney who can help you evaluate any defenses that you may have. An ejectment is similar to an eviction in that the landowner is trying to regain possession of his or her land. In Alabama, you generally have 30 days to answer a complaint the date of service. You... View More
The home inspection defined an area of sheetrock that needed repair. The seller repaired that area, but the entire wall is wet and rotted. It is so bad that it literally rains in the house. Is there anything I can do?
answered on Aug 4, 2022
You should contact an attorney who handles fraud and breach of contract claims. You may have a claim against the prior owners, home inspector, or contractor who repaired the wall. Because such claims are very fact specific, it is unclear whether you have a valid claim. You should contact an... View More
Domestic partnership of 6 years, 4 of those years in a house with mortgage. My name is the primary borrower, her’s is co-borrower. There was no pre-planned paperwork stating what would happen if/when a split occurred.
How does the process work for the one who stays and the one who leaves?... View More
answered on Aug 4, 2022
You should contact a real estate attorney who handles partition or sale for division cases. If you are a co-owner of the house you may have a claim for partition. Such claims may be used to divide the equity in real property if the co-owner parties cannot reach an agreement to resolve their... View More
The flooding is more than 60ft wide and rapid. Resulting in erosion, pushes out my underpinnings, and all my house exits are flooded for a time.
Aldot has come out and cleared the drainage ditch last August the problem still persists, more frequently. That's all they will do. Im 750... View More
answered on Aug 4, 2022
It is possible that you have a claim against the state for what is called inverse condemnation. The state is generally not permitted to take or destroy private property without going through a formal condemnation procedure. However, the law is very technical as to what is considered a regulatory... View More
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... View More
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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... View More
In Alabama. Won’t pay rent, move or sell.
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answered on Jun 28, 2022
Hire a competent AL attorney to search the title, determine Heirship, then file an Action for a Partition Sale.
answered on May 4, 2022
Partition or Sale for Division is a cause of action under Alabama Law. To accomplish a partition of real property, a lawsuit will need to be drafted and filed with the appropriate probate or circuit court. Such actions can be very complicated and having an attorney is highly recommended.
yes. Have a will, and in article 3 of the will it gives my brother the title of personal representatives for the estate. It also say that he is free from the control and supervision of the courts to make the decision on the estate. Now the title company says we need to file a sale of division... View More
answered on May 4, 2022
The title company may be correct. If the property did not move through probate and the title documents were not handled correctly it is possible that multiple people hold fractional ownership interests. If there is a will or other document that has the power to transfer title or create a form of... View More
A grandmother had 3 grown children at the time of her death. She had no Will. Her estate continued to just exist with some family living in her homes. Two of her children passed. Would the one remaining child inherit all of her estate, or would the children of the deceased parents (the... View More
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answered on Apr 12, 2022
Children of deceased parents also inherit along with the living child receiving a third.
Can apartment complex violate the "Code of Alabama" Title 35 9A by charging it's tenants extra fees per month for trash removal ($5) and pest control ($10)? Who enforces the "Code of Alabama"? Who and Where do I file a complaint? Am I entitled to see the contract with the... View More
answered on Apr 1, 2022
For better and more specific answers to your questions you should contact an attorney directly in your area and provide him a copy of your lease agreement. An apartment complex would not be permitted to violate the Alabama Code regarding its responsibilities to tenants.
If the apartment... View More
The attorney owns property that requires access through my property, as well as other property owners. We have never required permission from any residents to pass through. Only 1 neighbor has am easement. A construction company move in as well, and overburdens my property with heavy equipment, The... View More
answered on Apr 1, 2022
You or anyone else can file a lawsuit pro se. (pro se = represent yourself) Just because he is an attorney does not preclude himself from representing himself. He is also permitted to represent other parties involved in the same lawsuit so long as their interests do not conflict. If a conflict of... View More
No dwelling, do I need a lawyer or can I use a paralegal?
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answered on Mar 7, 2022
Hire a competent AL attorney to search the title, then draft the Deed. Once it is consummated, you probably will not be able to fix problems.
This is what is in my divorce says: Real Property: The Plaintiff shall be awarded the real estate located at: 3524 Alexandria Wellington Road, Alexandria, Alabama 36250. The Defendant has relinquished all right, title, and interest in said real estate by execution of a quitclaim deed filed... View More
answered on Feb 25, 2022
Hello. Thanks for your question. A well-written divorce decree or settlement will state the home must be refinanced in X days, or sold if it can't be refinanced by the party taking possession of the home. What you have shared, that language isn't in there, but it might be stated somewhere... View More
and the money split between he and my mother. His name was the only one on both the deed to home and the ALTA statement and she wasn’t given a 1099. The money was split at the title office and deposited directly into the two separate accounts. How would she need to file this on her taxes?... View More
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answered on Feb 22, 2022
You wrote that your grandmother deeded her home to your uncle, but it sounds like she did not deed 100%. If she deeded to him a co-tenancy or joint tenancy interest, that would explain why the proceeds were divided between them. However, because of the inconsistencies in the facts given, and due... View More
He only had once child. She is deceased. My siblings don't want to purchase the land. Will there be an issue with the title once I sell it, because of this clause? What should I do?
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answered on Jan 18, 2022
You will need a competent AL attorney to clear that Right of First Refusal. Apparently there may be interested Heirs. Then possibly an Affidavit of Heirship, and a QCD from them should clear the Title.
The property is in Texas and I’m the LLC is in Alabama.
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answered on Jan 7, 2022
Hire a competent TX attorney to draft and record that Deed. A good AL attorney could also draft such a TX Deed, but most will not want to do the research on how to properly do so. There may be tax implications also. But the Granting Clause to a LLC must be right and you will not want a mistake... View More
Not specifically stated in the contract. In other words can the seller cancel the contract for no reason without consequence within a period of time (3 days, etc.)
answered on Jan 6, 2022
Usually there are provisions in the contract that allow to cancel for specific reasons, such as not passing inspection or clouded title. You really need a lawyer to read the whole contract in order to advise you of the specifics, as they can all be different.
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