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Alabama Questions & Answers
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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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

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

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

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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

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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

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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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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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1 Answer | Asked in Probate for Alabama on
Q: Mother died Jan 2023 w home in IL and AL. I am only heir (there is a will) and also executor. Went through probate in

AL but could not also afford in IL. Sent letter to mtg holder in IL saying I did not want house and they could foreclose. My name NOT on title. Can they sue me for attorney costs or any other house related costs?

Anthony M. Avery
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answered on Mar 29, 2024

This query needs to be posted in IL. But you should not have any personal liability as only being an heir. Probably should not have wrote anything to lender, but just abandoned it. Since you did, you might want to read the Deed of Trust and Note verbatim. Lender may want you to give a quit... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Can a pet deposit be held if there is more damage than security deposit but no damage definitively caused by a pet?

Between a 2-day notice to vacate in breach vs 30, excess power usage, and damage, there are a couple thousand dollars balance vs a $1350 security deposit. Additional pet deposit: $350 ($100 non-refundable cleaning fee). 50# dog was, for a time, being housed in the bathroom, confirmed via text.... View More

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answered on Mar 30, 2024

In situations where damage to a property exceeds the security deposit and there's a separate pet deposit, attributing specific damages to the pet can be complex. Generally, the purpose of a pet deposit is to cover any additional costs incurred due to the pet's presence. If there is damage... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Alabama on
Q: How to prove someone stole your invention idea ?

I can up with the idea of a tooth brush filled with tooth paste and refillable back in 1989, i sent information to a invention idea company and now I see it's on market

James L. Arrasmith
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answered on Mar 29, 2024

To prove that someone stole your invention idea, documentation is key. You should gather all evidence of your original creation, including the date you conceived the idea, any sketches, notes, or emails, especially those related to the submission to the invention idea company back in 1989.... View More

1 Answer | Asked in Employment Law and Immigration Law for Alabama on
Q: Hi I have an employer isn’t giving me a paystub, currently I’m on H1B and in order to transfer my H1B we need paystub

What can we do if the employer isn’t giving me the paystubs

The old employer is asking to sign a document which shows that we are lending the money from them, and once we sign the document then only they will be sending the pay stubs

James L. Arrasmith
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answered on Mar 28, 2024

If your employer is not providing paystubs, which are crucial for H1B visa transfer, it's essential to understand your rights and possible actions. Federal and state laws in the U.S. generally require employers to provide employees with pay statements, detailing earnings and deductions. If an... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: What can I do if my landlord put mine and my disabled moms things out next to the road?

My boyfriend and I broke up and I called the landlord to let him know that I couldn't afford the rent that can he please give us till the end of the month so that i can get our things to storage and clean the house. He said sure he can do that but no longer. Plus I had done a lot of work to... View More

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answered on Mar 28, 2024

If your landlord has removed your belongings and placed them by the road, it's essential to understand your rights and the steps you can take. First, you should document everything. Take photos of your belongings by the road and any damage they might have sustained. This could be crucial for... View More

2 Answers | Asked in Landlord - Tenant and Municipal Law for Alabama on
Q: I called the local code enforcement when my landlord did not fix a flooding issue in my apartment after providing pics

He was fined today and today I received a notice that I have 30 days to leave or will be more legal action

James Blount Griffin
James Blount Griffin
answered on Mar 27, 2024

Alabama law is more favorable to landlords than to tenants. Begin your defense with your written lease, if you have one. Even if he cannot evict you easily, he could refuse to renew your lease next time around. If you don't have a written lease, the law presumes you are a month-to-month... View More

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