Lawyers, Answer Questions  & Get Points Log In
Alabama Questions & Answers
1 Answer | Asked in Estate Planning for Alabama on
Q: If a person nominated to become trustee over a trust fails to communicate with beneficiary or executor for 11 months can

A successor trustee that's named in the wheel take over the duties and being and being appointed trustee without the courts

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

If they agree to the new Successor Trustee taking over the monies, property as Trustee, yes. Otherwise Successor Trustee has a duty to ask for a Court to appoint him as the new Trustee, with orders to any Banks. etc. to transfer to the new Trustee.

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I received a writ of possession from court in mail today, entered 2/13.... how many days do I have to vacate property?

I am currently in a lawsuit with a car accident and should have letters of protection to stop any proceedings but judgement was made against me anyway..is there anything I can do or do I need to vacate immediately

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2024

In Alabama, after receiving a writ of possession, tenants typically have 7 days to vacate the property. This period begins when the writ is issued by the court. The involvement in a car accident lawsuit and having letters of protection may not directly affect the eviction process unless those... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Alabama on
Q: Right to travel never have received a driver's license or permit?

Fighting traffic court

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Feb 11, 2024

If you attempt to assert free travel as a defense to no license, then you lose. Driving is a privilege, not a right. You can travel freely by walking all you please, but you don't have the right to use state and federal roads without being granted the privilege. You'll lose in court,... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: What rights do I have to my child as a father who pays child support?

For the first four years of my daughters life, I was told she was not mine. then her mother said that she was mine and she filed for child support so I had a paternity test done and found out she was in fact my child I have no problem paying child support but I have sensed moved from Arizona to... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2024

As a father who pays child support and has been confirmed as the biological parent through a paternity test, you have rights to seek custody or visitation of your child in Alabama. Your financial support does not directly determine your custody rights, but demonstrating a willingness to support... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: My roommate was evicted by my landlord how long before I can legally remove his property from my house?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2024

In Alabama, after a roommate is evicted, the landlord must follow state laws regarding the handling of the evicted tenant's property. Typically, the landlord must provide the tenant with a notice, specifying a reasonable period (often around 14 to 30 days) to collect their belongings. If the... View More

1 Answer | Asked in Civil Rights and Juvenile Law for Alabama on
Q: Can Child Protective Services go to my child's school and talk to them and ask them all kind of questions?

Questions they aren't even old enough to know the answer to. I was under the impression that I was supposed to at least be informed or something. I could be 100% wrong but now my babies are upset that these random people were asking them questions about me and their father. We stayed in a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

Child Protective Services (CPS) has the authority to visit your child's school and talk to them if they have received reports or concerns about a child's safety or well-being. However, in most cases, they are expected to inform parents or guardians about their visit and the reasons behind... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: If officers cannot physically produce the evidence that they gained during their search can the case be thrown out

They cannot produce the gun they claim they found during traffic stop

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

In a legal case, if law enforcement officers cannot produce crucial evidence, such as the gun they claim to have found during a traffic stop, it can potentially weaken their case. The inability to produce physical evidence may raise questions about the credibility of their claims. However, whether... View More

1 Answer | Asked in Probate for Alabama on
Q: How long does the court appointed lawyer as executor have to settle the estate of the deceased?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

The duration for settling an estate when a court appoints a lawyer as executor in Alabama can vary widely based on the complexity of the estate, the assets involved, and any potential disputes among beneficiaries or creditors. There is no fixed timeframe mandated by law. However, it's... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: what rights do I have if I'm leasing land and the owner sells it out from under me?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

If you are leasing land and the owner sells it, your rights will largely depend on the terms of your lease agreement and state laws governing landlord-tenant relationships. Typically, when a property is sold, the new owner inherits the rights and obligations of the previous owner, including any... View More

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: How do i prevent my daughters paternal grandparents from getting full custody? Who is the burden of proof on?

I share joint custody with my daughter's paternal grandparents, they have primary. Due to the fact i have struggled with addiction. I am in a rehabilitation program and due to graduate soon. I do not want them to get the full custody, I'd like to remain joint until I have more sobriety... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

In Alabama, when determining child custody, the court's primary consideration is the best interests of the child. If you wish to prevent your daughter's paternal grandparents from obtaining full custody, you will need to demonstrate to the court that it is in your daughter's best... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: Can I take equity out of a home if I am not on the original loan or deed, but legally inherited property (home)?

My spouse died and I was not on the loan or the deed the home. The home has a debt on it. I know I can get the deed done up, but what about the loan? I know the debt doesn’t go away and I need to figure something out about that like try to assume it if I want to stay or find a way to pay it off.... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024

You may be able to find a lender for a refinance, which will require you to have it of record how you own as an heir. Affidavit of Heirship and/or probate will be in order. Your credit will be involved. Once you have a source of title, you may be able to sell it subject to the secured debt.

1 Answer | Asked in Tax Law for Alabama on
Q: Hi received a 1099c while paycheck is being garnished for same debt…am I obligated to pay the taxes on this income
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024

If you've received a 1099-C for a debt that's also being garnished from your paycheck, you may not necessarily be obligated to pay taxes on this income. The issuance of a 1099-C indicates that your creditor has forgiven or canceled a portion of your debt, and the IRS generally considers... View More

1 Answer | Asked in Copyright and Intellectual Property for Alabama on
Q: Difference between "save image as" an artistic work vs non-artistic work like a photo of a family member?

Fair use allows saving an image that isn't artistic but it doesn't allow an artistic work to be copied without it being infringement. Is it the context of the artistic element that makes it ok to screenshot Google Street View imagery for private use offline, but not ok to "save image... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024

The key difference between saving an image of an artistic work and a non-artistic work, like a family photo, lies in the concept of copyright and fair use. Artistic works are typically protected by copyright, which gives the creator exclusive rights to reproduce, distribute, and display their work.... View More

1 Answer | Asked in Civil Rights for Alabama on
Q: If the police serve a search warrant at a residence do they have to show that residence the evidence they find

And with out the resident present

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024

When the police execute a search warrant at a residence, they are not legally required to show the evidence they find to the resident at the time of the search. The primary objective of a search warrant is to allow law enforcement to search for and seize evidence without the immediate need to... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Alabama on
Q: Fair use or copyright infringement? Can something that is an infringement in copyright or IP law also be fair use?

Examples:

1. I draw a fan art of a car with a company logo on the front from a photograph without permission.

2. I draw a fan art without permission of a character.

3. I right click a copyrighted image from Google Images, Bing Images, or a website, etc. and click "save... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

Determining fair use versus copyright infringement can be complex, but some general principles apply:

1. Using a company's logo in fan art without permission is generally trademark infringement, not fair use. Trademarks identify the source of goods/services, so using them suggests...
View More

1 Answer | Asked in Copyright and Intellectual Property for Alabama on
Q: Fair use covers saving a website offline or copy and pasting the content into my notes verbatim for later studying?

Archiving these into my personal storage without sharing is also considered fair use then? Incidental sharing means sharing only to one or a small number of people?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

In the United States, fair use is a legal doctrine that allows for the limited use of copyrighted materials without the permission of the copyright holder. Saving a website offline or copying and pasting its content verbatim into your personal notes for later studying may potentially be considered... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Alabama on
Q: What uses does fair use cover besides the examples of criticism, commentary, news reporting, teaching, research, etc.?

I'm looking for an overview of everything it would generally cover. I already know it covers criticism, commentary, news reporting, teaching, scholarship, or research. But does this apply to an individual, businesses, or both; is it only for private uses or anything non-commercial only? Is it... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

Fair use is a legal doctrine that provides certain limited exceptions to copyright law, allowing the unlicensed use of copyright-protected works in certain circumstances. Here's a broad overview:

- Fair use applies to both individuals and businesses/organizations. It covers private,...
View More

1 Answer | Asked in Copyright and Intellectual Property for Alabama on
Q: Is it fair use to "Save image as" the images on Zillow.com?

I want to save the images of the inside of a house I grew up in offline for memories. How is this different from screenshotting Google Street View Imagery for memories offline? Wouldn't it be copyright infringement to copy a copyrighted image without permission whether it be downloading,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

Hi there. Good morning, and happy Tuesday. A few key points regarding saving images from Zillow.com or Google Street View:

- Simply saving an image from a website to your personal computer for private viewing and memories is generally considered fair use under copyright law. You are not...
View More

1 Answer | Asked in Criminal Law for Alabama on
Q: Can I take claim of a ex-felon In possesion of a firearm charge for my husband if the firearm was mine?

My husband was recently arrested and charged with ex-felony in possession of a firearm along with some other charges.. the firearm is mine and was beside the driver seat of my car. He didnt even know that I had it with me and he was only driving because I can’t see to drive when it’s dark. Is... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

In Alabama, as in most jurisdictions, the issue of possession in a criminal case, especially concerning a firearm by an ex-felon, is complex and fact-specific. If a firearm is found in a vehicle where an ex-felon is present, it can lead to charges of illegal possession, even if the firearm belongs... View More

1 Answer | Asked in Employment Law for Alabama on
Q: Can a company in AL require the use of a cell phone at work if they are not reimbursing for the phone's bill/cost?

Wife's company is now requiring them to use an app on their phone to sign into the computers. They do not reimburse for cell phone bill or provide a company phone. Is this allowed, and if she refuses to use her phone for work (as they aren't covering the bill) can she be fired with reason?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

In Alabama, there are no specific laws that require employers to reimburse employees for the use of personal cell phones for work-related purposes. However, this area can be complex and might intersect with federal laws or guidelines. If an employer requires the use of a personal cell phone for... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.