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Alabama Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on
Q: Illegal search and seize? Was my rights violated?

I'm in Alabama and was arrested. The vehicle i.was riding as a passenger in with my boyfriend was pulled over by the police. They start yelling over the PA or something from driver to put his hands out the window and make some back up out towards them. I'm going to do the same thing for... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you provided, there are a few potential issues with the actions of the police officers during your arrest. However, whether your rights were violated would depend on additional details and the specific circumstances of the situation.

1. Probable Cause: The police...
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1 Answer | Asked in Contracts for Alabama on
Q: What to Do If You Sign a Car Title Wrong When Leasing a Car and There is Incorrect Information from the Lienholder?

I went in to refinance my 2006 Ford Mustang, but they put down a 2012 Ford Edge instead on the contract. Would I legally still have to pay on the loan?

James L. Arrasmith
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answered on Apr 13, 2024

If you signed a contract with incorrect information, such as the wrong vehicle model and year, it is important to address this issue as soon as possible with the lienholder or leasing company. Here are some steps you can take:

1. Contact the lienholder: Reach out to the lienholder or...
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0 Answers | Asked in Probate for Alabama on
Q: My mother was willed lienholder on a piece of property that has a lenders deed given. How does she transfer this to me?

The person that has the lenders deed has not paid any of the agreed payments for years. Now this individual is rumored to want to sell this property and my mother does not want to get involved in disputing this sell. So I want to know what needs to be done for her to transfer the power of... View More

1 Answer | Asked in Tax Law for Alabama on
Q: I received stock at the disullution of a trust. Do I get any step up in basis? Do I pay taxes on the full amount at sell

Upon the death of the trustee I received stock shares in a privately owned corporation. Do I get a step up in basis for stock valuation?

The other stock was that was owned outright by my father was designated to go into a new trust. Does the trust get a step up on basis for stock valuation?... View More

James L. Arrasmith
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answered on Apr 11, 2024

When you receive stock from a trust, the tax implications can vary depending on the specific circumstances. Here's a general overview, but please note that it's always best to consult with a tax professional for personalized advice.

1. Step-up in basis for inherited stock outside...
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1 Answer | Asked in Probate for Alabama on
Q: My car is no longer drivable so how do I cancel my car tag when they tell you to bring it in in person?

I have no transportation or a way to get there. I also have no one to take it down there for me.

Tim Akpinar
Tim Akpinar
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

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

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