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My brother passed away without a will, and nothing has been put into probate. There are 5 siblings as next of kin. He owned a truck, which my brother advised me to take the night he died so no one would mess with it. He has since transferred the truck to his name using a next of kin affidavit and... View More 
answered on Jun 20, 2025
There is something called "intestate succession" which applies through the county probate court when someone dies without a will. But it does not "start itself." Unless somebody files a petition for letters of administration, no one is officially in charge of your... View More
My mother recently passed away, and we cannot find her Will. The house she lived in was originally in my father's name, and she went through probate to keep the house after he passed. All her bank accounts were solely in her name, except for one that I co-owned. The probate court gave me a... View More
answered on Jun 16, 2025
What you are discussing is "intestate succession." "Intestate" means someone died without a testament, or will. You will need to file a Petition for Letters of Administration, under which you, or another relative, would obtain authority to close bank accounts, change locks,... View More
I am a permanent resident of Tennessee and am dating a woman in Alabama who lives with her daughter and family, using that address as her permanent residence. I have rented Airbnb properties for us on two occasions for 2-4 nights to spend time together away from her daughter's family, which I... View More
answered on Jun 15, 2025
Under Alabama law, cohabitation as it relates to alimony termination is a fact-specific inquiry. Courts look beyond general labels to examine the substance of the relationship and the living arrangement, typically applying a “relationship” test — i.e., a relationship akin to marriage,... View More
I am a postdoctoral fellow in the U.S. and currently renewing my H-1B visa in Brazil. I'm eligible for an interview waiver since I'm applying in Brazil, my nationality country, have never been refused a visa, and my current visa is valid until October 2025. When scheduling my appointment,... View More
answered on Jun 10, 2025
You should answer “No” to the question, since it refers to your physical presence at the time you are completing and submitting the visa appointment scheduling, not your future travel plans. Even if you have a confirmed itinerary to arrive shortly after, you are not physically in Brazil at the... View More
I am concerned about certain aspects of National Debt Relief Programs. Specifically, I would like to understand whether these services are genuinely effective or if they are potentially fraudulent. Could you provide insights or legal perspectives on what to watch out for when considering these... View More
answered on Jun 5, 2025
I have yet to run into one that's fraudulent, but not all of them are effective or efficient; and none of them can promise you that a given creditor will work with them. In my opinion, there is nothing these guys can do for you that you cannot do yourself, but many people, particularly folks... View More
Recently, I was disturbed late at night by hunters on my property in Marion County, Alabama, without any prior agreement or permission to hunt. This disturbance caused significant concern. Are these hunters legally required to have my permission to hunt on my land, and what steps can I take to... View More
answered on May 30, 2025
Trespassing is against Anglo-American law going back before William the Conqueror! Once upon a time you could be hanged for poaching on the king's land.
This is your land, and it is not Medieval England. Nonetheless, trespassers play all kinds of the games to hunt, fish, ride RVs,... View More
I was driving in a rural area and encountered three bulls walking freely across the road. I missed the first two bulls but hit the third one, which resulted in my car being completely totaled and all airbags deploying. I injured my leg in the incident and haven't talked to the owner of the... View More
answered on May 16, 2025
Unfortunately, no. Livestock owners have immunity from car accidents caused by livestock in Alabama. Additionally, since there is no cause of action against the owner, uninsured motorist coverage does not apply either. The only insurance that applies is comprehensive coverage and medical payments... View More
Four siblings inherited a house, with one sibling living there for 14 years. Due to domestic violence incidents involving another sibling, this sibling has not been allowed access. They are now suing to force the sale of the house and obtain a key. Given the police report documenting domestic... View More
answered on May 7, 2025
The inheritance of title to the house and the domestic violence are two separate issues for the courts because title and possession are two different things under the law.
Inheritance of title by the four siblings cannot be ignored. It does not sound as if an estate was ever opened and the... View More
I lived with my brother in his house under a verbal agreement before he passed away. After his death, his children locked me out of the house, claiming ownership rights. I want to know what legal actions I can take to regain access to the home, considering my verbal agreement with my brother.
answered on May 1, 2025
This is complicated. In real estate, all rights and interests must be in writing- from leases to deeds to liens to easements. Nonetheless, because you are family, you might be able to claim an "equitable interest" in his property. Thus, standard eviction procedures might not work... View More
In our subdivision in Alabama, homes built prior to 1999 were originally exempt from joining the pool and club, which kept HOA fees lower for these properties. However, it was recently announced at an HOA meeting that these fees would be increased by $355.00 a year, without allowing residents to... View More
answered on Apr 30, 2025
The lawyer's answer is: "It depends." Lawyers argue cases using the documents drafted, properly enacted, and sometimes recorded by HOAs. Exhibit A would be the subdivision covenants. Exhibit B would be the constitutional documents of the HOA's board of directors. Exhibit C... View More
If my spouse owned a house before we got married and is leaving the entire estate to me, including the home with a mortgage, what are my options once the estate closes? The mortgage and the deed are solely in his name, and there is no trust or complex arrangements—just a simple will. Would I need... View More
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answered on Apr 30, 2025
You do not need to refinance. You do not need to assume the loan. Under federal law you can just keep making the monthly payments, and as long as you do the lender cannot foreclose. You do need to notify the lender that your husband has passed, and you might also need to provide to them some... View More
If my spouse owned a house before we got married and is leaving the entire estate to me, including the home with a mortgage, what are my options once the estate closes? The mortgage and the deed are solely in his name, and there is no trust or complex arrangements—just a simple will. Would I need... View More
answered on Apr 30, 2025
A will in Alabama must be probated by the court within five years of the death of the decedent. Are you the Personal Representative or Executor under the Will? If so, you would need an attorney to help you open the estate, obtain for you "Letters Testamentary," and assist in the... View More
What happens to a mortgage once an estate closes? In this case, the deceased spouse solely held the deed and mortgage, which passed to the surviving spouse without contest as per the will. While the surviving spouse is making payments without formally assuming the loan, is the assumption the only... View More
answered on Apr 30, 2025
Was there an "Executor's Deed" from the executor of the estate under the Will to the surviving spouse? If so, that is good. As a general rule, home insurers don't want to insure a house which is still in the name of a dead person. If the house cannot be insured, the mortgage... View More
What happens to a mortgage once an estate closes? In this case, the deceased spouse solely held the deed and mortgage, which passed to the surviving spouse without contest as per the will. While the surviving spouse is making payments without formally assuming the loan, is the assumption the only... View More
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answered on Apr 30, 2025
You do not need to refinance. You do not need to assume the loan. Under federal law you can just keep making the monthly payments, and as long as you do the lender cannot foreclose. You do need to notify the lender that your husband has passed, and you might also need to provide to them some... View More
My spouse passed away several years ago, and his name was the only one on the mortgage. However, the deed grants me the right of survivorship. I've kept the mortgage payments current, but I haven't yet contacted the lender. There was no will, and the estate did not go through probate. I... View More
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answered on Apr 28, 2025
Pursuant to Federal Law, the lender can not call the loan due or declare it in default fault simply because the borrower died, when the borrower left the house to his wife. All you need to do is notify them of his death, and you can continue to make the payments on the loan. You do not have to... View More
I'm seeking guidance on obtaining a pardon for a charge of hindering prosecution related to a murder case in which I was actually a victim. This occurred in 2013 in Guntersville, Alabama, Marshall County. The person responsible for the murder admitted to the crime and did not implicate me at... View More
answered on Apr 4, 2025
This is a difficult question, but here is a start from the FAQs at the website of the Alabama Bureau of Pardons and Paroles:
"Alabama law allows convicted persons to apply for a pardon with or without remission, subject to the procedures specified by law. These procedures give the... View More
My mother owns her mobile home and has the physical deed in her name. In November 2024, the mobile home was moved off of a lot at a previous mobile home park by an unknown mover without her consent. We recently found out that this mover sold all her belongings inside the home and intends to sell... View More
answered on Apr 4, 2025
The lawyerly answer is: "It depends." Read the various contracts related to the mobile home, which I presume your mother owned outright, and the leasing of the lot, which she did not own. if she fell behind on her rent of the lot, the terms of eviction and removal of her mobile home... View More
I've been involved in a partition action where the judge ordered me to sign a listing agreement giving a realtor "sole" discretion to sell the property. However, the realtor violated ethics and real estate law, used an outdated contract, added unlawful transaction fees, and completed... View More
answered on Apr 4, 2025
In property disputes, judges often appoint a realtor to sell the property and divide the proceeds at closing. In your case, you have every right to give notice to the court, in a formal pleading, that the listing agreement and other sales protocols were violated. Usually, the judge must approve... View More
Is B responsible for the financing amount of ~$11,000 for an HVAC unit, even though her mother, who was the sole signer of the contract, has passed away? Additionally, can the financing company legally remove the HVAC unit from B's house under the contract terms given that B is the sole owner... View More
answered on Apr 4, 2025
Death does not extinguish legitimate liens against real property. An HVAC system is a strange bird in property law. The HVAC equipment itself is not "real property" as in real estate, but, once installed, it is a permanent fixture in and with the real estate; the house is likely not... View More
I purchased a mobile home for $7,500. The seller was due $5,000, and the party helping to sell the mobile home was due $2,500. I have a bill of sale and a title. If the party assisting with the sale didn’t pay the seller the full $5,000, can they stop me from moving the home? The seller hasn’t... View More
answered on Apr 4, 2025
The lawyer's answer is: "It depends." Do you have an obligation to pay the $5,000 or the $2,500? If the seller has neither cash nor an enforceable promissory note and lien against you, then he is likely within his rights to prevent delivery and installation of the mobile home. If... View More
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