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Alabama Questions & Answers
0 Answers | Asked in Estate Planning for Alabama on
Q: My wife and I have wills, but we want to allow my father in law to continue to live here until his death, then to childr

My wife and I have wills, but we want to allow my father in law to continue to live here until his death, then to pass to my children. We need to protect him if we proceed him. Executor will be my brother. We have mortgages and rental properties. Do we put this in a trust?

0 Answers | Asked in Family Law for Alabama on
Q: I need Help my kids father is threatening to move out of state with my kids. I have no $ and don’t know what to do?

We have no legal custody agreement just have verbalized it. Our kids are 10 and 12. He says i have No say in where he moves cause he makes more money than I do. We do 50/50 . During school year they stay with him and come to my house every other weekend. But summer and school holidays they... View More

0 Answers | Asked in Family Law and Child Custody for Alabama on
Q: Sleeping in bed with step parents

My husband has two children who just turned 9 (boy and girl)and I have a son that is about to be 11. Occasionally the kids want to sleep with us. I have allowed it but the deal is the birth parent sleeps next to them as I don’t feel it’s appropriate to sleep with a child that isn’t... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: Is it okay for a judge that used to be an attorney to hear someone's case that used to be that person's attorney

Drug possession criminal mischief

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

It depends on whether the judge was the defendant's attorney in the same case or in a "substantially related matter."

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 Personal Injury and Insurance Bad Faith for Alabama on
Q: Why doesn't the defendants homeowners policy pay restitution the defendent has lived with mother 23 years and she was ne

She was negligent in bed but knèw what was happening in her home

Tim Akpinar
Tim Akpinar
answered on Apr 18, 2024

An Alabama attorney could advise best, but your question remains open for two weeks. Without knowing more details about your matter, homeowner policies have specific guidelines for what they cover and what they exclude in terms of property losses. Good luck

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 Landlord - Tenant for Alabama on
Q: I want to sue some one for trying to take advantage of me with property and unlawful eviction.
James L. Arrasmith
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answered on Apr 6, 2024

I understand that you feel you have been wronged and are considering legal action. Suing someone is a serious decision that requires careful consideration. Here are some steps you can take:

1. Document everything: Keep detailed records of all interactions, agreements, payments, and...
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1 Answer | Asked in Criminal Law and Constitutional Law for Alabama on
Q: Does double jeopardy law apply in Alabama when the same charges and facts of a case are used twice for convictions

If someone's probation was violated for catching certain charges and he was told in a quart of all that his probation was being violated because of those charges and had papers showing the charges on there as the exact reason why they're sending them back to prison and years later when he... View More

James L. Arrasmith
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answered on Apr 4, 2024

In the United States, the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution protects individuals from being prosecuted or punished twice for the same offense. This protection applies to all states, including Alabama, through the Fourteenth Amendment's Due Process Clause.... View More

0 Answers | Asked in Traffic Tickets for Alabama on
Q: does possession of marijuana 2nd in alabama require going to court or can you just pay a fine. From out of state.

If pulled over on vacation get possession of Marijuana 2nd degree in Alabama. Do you have to go back for court date or can it be settled without going to court? Is a lawyer necessary in this instance as it's a misdemeanor?

1 Answer | Asked in Family Law for Alabama on
Q: What's the difference between being 18 and being 19 in Alabama. From my understanding there is little to no difference?

I'm in a situation where I want to move to flordia with my boyfriend and his biological dad but my parents are very against it. I need to know if they can legally stop me from going. I'm 18 but not yet 19 which in Alabama is the age of majority. But what's the difference? What can a... View More

James L. Arrasmith
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answered on Apr 3, 2024

In Alabama, there are a few key differences between 18-year-olds and 19-year-olds in terms of legal rights and responsibilities:

1. Age of majority: In Alabama, the age of majority is 19. This means that at 19, you are considered an adult for most legal purposes, whereas at 18, you are...
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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: How likely is it for a tenant to ever win a case against a landlord in Alabama?

Last month my landlord made a suggestive comment after I informed him that my accounts were hacked and he would have to come back on the 20th for rent. About a week or so later his wife contacted me while I was at work 5 times back to back then sent a message asking for me to call her asap. I... View More

James L. Arrasmith
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answered on Apr 16, 2024

The likelihood of winning a tenant-landlord case in Alabama, as in any legal matter, largely depends on the specifics of the situation and the evidence available. In your case, the key factors would include the original terms of your lease, any proof of payments you made, and documentation of all... View More

1 Answer | Asked in Family Law for Alabama on
Q: Can I move to flordia from Alabama at the age of 18 without my parents permission.

My boyfriend might be having to move to flordia with his bio dad because of family issues and his bio dad said I could come to but my parents don't want me going. Could my parents stop me from going with my boyfriend to flordia even though I'm 18? I don't knoe if me going without... View More

James L. Arrasmith
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answered on Apr 2, 2024

As an 18-year-old in Alabama, you are legally considered an adult and have the right to make your own decisions about where to live, even if your parents disagree. Your parents cannot legally prevent you from moving to Florida with your boyfriend.

The age of majority (legal adulthood) is 19...
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0 Answers | Asked in Family Law and Child Support for Alabama on
Q: What can I do if have been paying CS arrears and I can prove that I have paid over $7K over the original amount?

My child turned 19 back in September which ended my CS order. However, that order had an arrears balance of over $3,500. I paid on it as ordered except for a few months that I was unemployed. Using DHR records, and taking out the interest, I have overpaid the arrears amount by $12,809. I have... View More

5 Answers | Asked in Bankruptcy and Real Estate Law for Alabama on
Q: My brother sold family land to me and I haven’t gotten it put in my name. He filed bankruptcy without telling me.

Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.

Anthony M. Avery
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answered on Apr 1, 2024

BR Trustee will claim title to that parcel. unless Debtor is able to exempt it. If so, after about 2 years you should be able to get it transferred to you. If part of the BR Estate, then you can try to buy it from Trustee. You and Brother need to talk to the BR attorney.

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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Loser rented me an apartment in 2019-23 that does not belong to him.What to do now?
James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear that you were the victim of a rental scam. That must be an incredibly stressful and upsetting situation. Here are some steps I would recommend taking:

1. Gather all documentation related to the rental, including any lease agreements, rent receipts, written...
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0 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Will my sister likely never see her child again

My sister had undiagnosed post partem and basically abandoned her child four years ago with mainly just only calling him but they never let her speak to him she’s now better and her ex husbands wife of four years is saying she’s going to adopt my nephew they haven’t legally started anything... View More

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