Alabama Questions & Answers

Q: I been married for 8 years, will my husband get my house? His name isnt on the house I had the house before him.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on May 29, 2017

No.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing. The reason...
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Q: What is a writ it of arrest.....and why would the bound be $2000.00

1 Answer | Asked in Criminal Law for Alabama on
Answered on May 29, 2017

A writ of arrest is a piece of paper authorizing the arrest of someone on what is usually a criminal charge. You don't state the nature of the charge, just that there exists a writ of arrest, so you have not provided enough information to permit an answer.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I...
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Q: I have a federal tax lien against me from unpaid (and disputed) 2004-2005 personal taxes.

1 Answer | Asked in Tax Law for Alabama on
Answered on May 26, 2017

When the IRS files tax liens, they contain a date on which they automatically release. If that date has now passed, then the lien is released even if the IRS has not filed an actual release on your property records. If you are unsure of the date listed on the lien, you can see a copy of it, usually on the property records at the address at which you were living at the time the release was filed.

If you are unable to obtain this information, you can call the IRS and ask them what their...
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Q: how to transfer deed into my name from dead parent

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Answered on May 21, 2017

I would recommend you contact a local probate or property attorney and ask about "heirship affidavits." Real property (land) vests in the heirs after two years. If you are the only heir, then you have legal ownership of the property, yet you need to have a way to show that ownership on the record. A new deed putting the property in your name with two affidavits from family friends (not relatives) swearing you are the only heir should vest you with good title. You would need to record those...
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Q: How legal is it for one party to illegally remove an elderly person from a safe home with Power Of Attorney over them?

1 Answer | Asked in Family Law and Elder Law for Alabama on
Answered on May 16, 2017

Speaking generally, if a person holds a power of attorney over an individual, they owe that individual a duty of care to perform acts in that individual's best interest. When other people feel they are not fulfilling that duty there are several options for recourse:

1. If the individual is competent he or she could revoke the power of attorney and sign a new one to appoint a new agent.

2. An interested party can file a "protective proceeding" in the local probate court and ask...
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Q: My husband is paying 400 monthly on child support we have a baby due in August is there any way to have it reduced

1 Answer | Asked in Child Support for Alabama on
Answered on May 15, 2017

You will need to consult with a family law attorney in your area. However, the only way to potentially reduce child support due to another child is to have a pre-existing child support order on the other child. Since your child has not been born nor do you have a pre-existing child support order, the child support to the ex-wife/daughter will not be reduced.
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Q: Can the HOA of a residential neighborhood have a guest's vehicle towed?

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Municipal Law for Alabama on
Answered on May 9, 2017

Interesting question well presented. The only way to a legal answer will be by consulting a local lawyer who has experience with subdivisions, developments, owners' associations and permitting, He will have to review the homeowners' association forming documents and its rules and regulations together with the applicable laws of the State of Alabama, the county and the municipality involved. He will have to examine the deed to the property and the City's subdivision permitting file. The...
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Q: If I have power of attorney over a joint owned property can I borrow against the home?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on May 8, 2017

If you mortgage the house the lender is going to require that you provide mortgagee's title insurance. You are not likely to be able to find a title insurer that will insure a mortgage which is signed by any owner under a power of attorney. Years ago you could, but not now. They found they had problems honoring powers of attorney. So your sister will have to sign the mortgage.

There are two core instruments created when you take out a mortgage loan. One is the promissory note, or...
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Q: Can I use a home that I jointly own with my sister as collateral without her involvement?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on May 6, 2017

No, you can't. All banks and mortgage companies require all owners of the property to sign the mortgage.
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Q: What is the minimum prison time for a hit and run resulting in four deaths in a car accident?

2 Answers | Asked in Car Accidents, Criminal Law and Wrongful Death for Alabama on
Answered on May 6, 2017

You have not provided enough facts for your question to be answered. Was the event deliberate or accidental? Was the driver drunk or sober? Was the driver under 21 years of age? Under 18? Under 16?

Provide this additional information in order to get an answer.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering...
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Q: can a credit union withhold money from a joint owned account for my deceased mothers credit card and personal loan?

1 Answer | Asked in Probate for Alabama on
Answered on May 6, 2017

There is likely a provision of the credit card agreement that allows for this sort of 'guarantee' but without seeing all the documentation it is impossible to know for sure.

If the debt was not legitimate, you can challenge it, but if indeed it was her debt, they probably can collect on it either through this mechanism or some other that might actually cost you more. If you are unsure please seek local legal representation to review the situation and provide you better advice after...
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Q: What to do when you've signed an arbitration agreement & days later find that the auto dealer has committed fraud?

1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Civil Litigation for Alabama on
Answered on May 5, 2017

You're out of luck. You can't buy a car from a dealer anywhere without having to sign an arbitration agreement. You signed it. You're stuck with it.

Your damages are minimal, if any. You thought you were buying a car with 4,000 miles on it and you got a car with 4,000 miles on it. You do not say the car is defective in any way. The fact is that you're unhappy because those 4,000 miles were put on the car by someone other than the person you thought put them on. How many dollars...
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Q: My boyfriend is in prison for murder in Alabama, but he wasn't the one who pulled the trigger.

1 Answer | Asked in Criminal Law for Alabama on
Answered on May 5, 2017

This is really, really hard to answer definitively. Impossible, really, but I can give you a little bit of an understanding of what you're up against.

Under your facts we don't know any of the circumstances of the murder, daytime or nighttime, was there more than one victim, was the victim a friend, acquaintance or a stranger, a child or an adult, straight or gay, black or white. What weapon was used, was the death quick or slow, painful or not, and whether torture or sexual violation...
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Q: Alabama, when does the buyer take possession of the purchased property? Closing and possession date same on contract.

2 Answers | Asked in Real Estate Law for Alabama on
Answered on May 3, 2017

Normally the seller vacates residential property on the closing date, and the buyer takes it over empty. Of course, the terms of the contract can modify what's normal. Look at your contract. If it says they get three days to vacate then they get three days to vacate. If it doesn't, they don't. Its a bad idea to let the seller keep possession after closing. He could strip the place of fixtures and anything else he agreed could stay with the house. That would be illegal, but they could do...
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Q: How do I change my first and middle name?

2 Answers | Asked in Family Law and Gov & Administrative Law for Alabama on
Answered on May 2, 2017

Name changes are done where you reside. In NY, there are forms online you file with the court in your county. It is meant to be done yourself.
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Q: We've notified our landlord of several spots of mold. He had a guy come take samples & we can't get the report. Have kid

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Answered on May 1, 2017

You should call a landlord tenant attorney who can help you draft a notice to terminate your lease for the unsafe and dangerous conditions. There is not much you can do to force your landlord to 'fix' all of the mold in the house, though you do have the right to terminate your lease if he refuses to do so. Most insurance policies specifically exclude damage and health problems that arise form mold infestation, and so suing your landlord, unless under very specific other circumstances, might be...
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Q: Can vehicles go around pedestrians when the pedestrian is still clearly in the crosswalk and it's a stop sign?

1 Answer | Asked in Criminal Law and Traffic Tickets for Alabama on
Answered on Apr 30, 2017

The answer will depend on more facts than you've included, but while there might - emphasis on might - be some sort of circumstance that would justify a driver going around a pedestrian in a crosswalk at a stop sign, the answer is highly unlikely to be anything other than "probably not", or just "no".

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make...
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Q: does a 17 year old have rights to drop charges their parents have placed on someone on their child's behalf?

1 Answer | Asked in Criminal Law for Alabama on
Answered on Apr 27, 2017

Your question is a little unclear, so I'm going to assume what I think you mean.

I'm assuming that by "charges" you mean that your friend's parents are threatening to commence a criminal prosecution against her boyfriend for having sexual relations with a minor. She's seventeen, and will turn 18 in December, which means she turned 16 in December 2015.

The "age of consent" is the age at which a person may freely consent to sexual relations. In Alabama the "age of consent" is...
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Q: A Ferrell tom cat got into my garage and killed one of my own cats.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Alabama on
Answered on Apr 24, 2017

Interesting question. I know of no reason why you couldn't do that, except that your use of the word "anywhere" is a concern. It would not be wise to do it just anywhere. For example, releasing it in a residential area or near a school would be a bad idea. The best location would probably be a wooded area in a state or federal park. We have quite a number of those in Alabama,

You might try calling the animal control officer for your area, and see if they will catch it and remove...
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Q: As a co-sponsor of my brother's wife, am I in any way responsible for providing insurance, or penalties, under ACA?

1 Answer | Asked in Immigration Law, Tax Law and Health Care Law for Alabama on
Answered on Apr 23, 2017

Your responsibilities are stated in the instructions and body of the I-864 Affidavit of Support; USCIS.gov/i-864.
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