Alabama Questions & Answers by Practice Area
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Alabama Questions & Answers
Q: How long can executor keep probate open in Alabama? I'm told that there is no time limit for closing probate in Alabama
Richard Samuel Price's answer
I'm sorry, but you've posted this question under California. You will need an answer from an attorney in Alabama. Please repost your question under Alabama.
I'm sorry, but you've posted this question under California. You will need an answer from an attorney in Alabama. Please repost your question under Alabama.
Q: Should I sign the release of the earnest money that holds me at fault for the termination of the sale?
Samuel G McKerall's answer
You haven't provided enough facts to permit anyone to give you a definite answer. This problem will be controlled by the fine print in the contract. All that said, I will say tentatively that you may - repeat MAY - have grounds to refuse to release the earnest money, and instead have it forfeited to you. You cannot get a clear answer without consulting a lawyer and having him or her review the contract. I suggest you hire a competent real estate lawyer immediately. You should do this...
You haven't provided enough facts to permit anyone to give you a definite answer. This problem will be controlled by the fine print in the contract. All that said, I will say tentatively that you may - repeat MAY - have grounds to refuse to release the earnest money, and instead have it forfeited to you. You cannot get a clear answer without consulting a lawyer and having him or her review the contract. I suggest you hire a competent real estate lawyer immediately. You should do this...
Q: signed a contract 2 days ago with a personal injury group. can I get out ot the contract?
David Alan Wolf's answer
It has only been two days so you may want to give the attorney a chance. If not, read through the contract to see what your contractual obligations are per the contract. If it has only been 2 days, there may not be much of a charge or cost in switching. Contact another attorney for a free consultation. Good luck.
It has only been two days so you may want to give the attorney a chance. If not, read through the contract to see what your contractual obligations are per the contract. If it has only been 2 days, there may not be much of a charge or cost in switching. Contact another attorney for a free consultation. Good luck.
Q: I would like to self-publish a book-length criticism. Would my use of other sources fall under the terms of "Fair Use"?
Mark A. Baker's answer
As you probably know, the fair use doctrine is not a black and white formula and its application involves a number of considerations. In general, though, it is an available defense against an infringement claim in works of criticism, as you have described your work.
A court will look at four factors in analyzing whether the use is 'fair use': (1) the purpose and character of the use; (2) the nature of the work copyrighted; (3) the amount and substantiality of the portion used; and (4)...
As you probably know, the fair use doctrine is not a black and white formula and its application involves a number of considerations. In general, though, it is an available defense against an infringement claim in works of criticism, as you have described your work.
A court will look at four factors in analyzing whether the use is 'fair use': (1) the purpose and character of the use; (2) the nature of the work copyrighted; (3) the amount and substantiality of the portion used; and (4)...
Q: I lived with my boyfriend for six months. His father is the land owner but doesn't live there. I paid part of the bills
Samuel G McKerall's answer
This is the legal answer: The father as the landowner can evict you. The son as the agent of the father-landowner can also evict you. The formal eviction process in Alabama requires a written notice or two followed by an eviction proceeding in court. If they go through all that you will lose and be evicted.
This is the practical answer: You live on Sand Mountain. In any rural area, and perhaps especially on Sand Mountain, the way things are done does not always follow the exact...
This is the legal answer: The father as the landowner can evict you. The son as the agent of the father-landowner can also evict you. The formal eviction process in Alabama requires a written notice or two followed by an eviction proceeding in court. If they go through all that you will lose and be evicted.
This is the practical answer: You live on Sand Mountain. In any rural area, and perhaps especially on Sand Mountain, the way things are done does not always follow the exact...
Q: My mother and I own a home in Alabama. My brother wants to buy it. Our mom suffers from dementia. Mom and bro there.
Jack T. Carney's answer
If your mom is on the deed, she will need to be able to sign at any closing. If she no longer has capacity, then someone will need to sign for her. In order to be able to do it for her you will need a Power of Attorney, if you have one, and if not, then you would need to go to court to seek permission.
You may want to consult an elder law attorney prior to any sale. If your mom is going to need nursing home care in the future, how you structure the transaction may affect her ability to...
If your mom is on the deed, she will need to be able to sign at any closing. If she no longer has capacity, then someone will need to sign for her. In order to be able to do it for her you will need a Power of Attorney, if you have one, and if not, then you would need to go to court to seek permission.
You may want to consult an elder law attorney prior to any sale. If your mom is going to need nursing home care in the future, how you structure the transaction may affect her ability to...
Q: My brother in-law came into Texas illegally in 1999 was caught within 48 hours and deported. He came in again in 2010.
Kevin L Dixler's answer
This is complicated and unfortunate. He must prove to the satisfaction of the USCIS that he has been outside the U. S. for at least ten years in order to file for advanced permission to re-apply. However, in doing so, he must also prove that his situation merits enough discretion to overcome the permanent bar upon visa issuance. Otherwise, he won't be given a chance to seek a visa.
I strongly recommend an appointment with a competent and experienced immigration attorney discuss the...
This is complicated and unfortunate. He must prove to the satisfaction of the USCIS that he has been outside the U. S. for at least ten years in order to file for advanced permission to re-apply. However, in doing so, he must also prove that his situation merits enough discretion to overcome the permanent bar upon visa issuance. Otherwise, he won't be given a chance to seek a visa.
I strongly recommend an appointment with a competent and experienced immigration attorney discuss the...
Q: Can you sue a sibling for hitting you if they are older than 18?
1 Answer
| Asked
in
Family Law, Juvenile Law and Personal Injury
for
Alabama
on
Answered on Jul 6, 2017
Answered on Jul 6, 2017
Q: Instruments not sterilized when Ingrown toe nail was removed.
Peter Munsing's answer
You have a claim for the cost of the lab work at least. See what happens, get a free consult from a member of tha Ala. Assn for Justice.
You have a claim for the cost of the lab work at least. See what happens, get a free consult from a member of tha Ala. Assn for Justice.
Q: I'm on SSI and in chapter13, what would happen if I stop paying.
David Earl Phillips' answer
The Chapter 13 Trustee will normally file a Motion to Dismiss after a period of time with no payment being made. It might be as short as 1 month as the trustee notices no money or it could take a few months depending on the local customs of your Court. If you have an attorney you need to discuss the matter with them and they would be able to advise you of the best course of action. It could be that Chapter 7 is a possibility at this point. Hope it works out, Good Luck.
The Chapter 13 Trustee will normally file a Motion to Dismiss after a period of time with no payment being made. It might be as short as 1 month as the trustee notices no money or it could take a few months depending on the local customs of your Court. If you have an attorney you need to discuss the matter with them and they would be able to advise you of the best course of action. It could be that Chapter 7 is a possibility at this point. Hope it works out, Good Luck.
Q: my wife has property (not our primary residence) in her name only. upon her death, will i inherit?
Dr Kenneth V Zichi J.D.'s answer
IF the property is in her name alone and IF the will provides that you inherit everything that was in her name alone, then YES you will inherit it.
There are probably better and less expensive ways to make that happen, so both you and your wife need to (perhaps together, perhaps separately....) talk with an estate planning attorney in your area to determine if changes are advisable.
They probably are, but every situation is unique, and you need to consult with someone who is...
IF the property is in her name alone and IF the will provides that you inherit everything that was in her name alone, then YES you will inherit it.
There are probably better and less expensive ways to make that happen, so both you and your wife need to (perhaps together, perhaps separately....) talk with an estate planning attorney in your area to determine if changes are advisable.
They probably are, but every situation is unique, and you need to consult with someone who is...
Q: My family owns 80 acres and wants to sell some of the land to me for as cheap as possible. How would this work?
Samuel G McKerall's answer
The short answer is that all you need is a deed. The better answer is that you need to purchase a title insurance policy that will insure that you will receive good title to the land. How you do that is that you select a title insurance company and tell them what you want to do. They will research the title and provide you with a title commitment, which reflects whether your family has good title to the land, any problems with the title to the land that need to be cleared up, and the...
The short answer is that all you need is a deed. The better answer is that you need to purchase a title insurance policy that will insure that you will receive good title to the land. How you do that is that you select a title insurance company and tell them what you want to do. They will research the title and provide you with a title commitment, which reflects whether your family has good title to the land, any problems with the title to the land that need to be cleared up, and the...
Q: I had a family member pass who named a relative as executor and beneficiary. The will was probated, but all assets were
Jack T. Carney's answer
Speaking generally, if an Executor passes away during the course of an administration, the successor Executor will be the next person named in the Will that appointed the original Executor. If there is no successor, then the Court will appoint someone to serve in that role. We always look to the Will of that first person to die when questions arise as to who is in charge of an estate. Hope this helps.
This response is general information only. I do not have enough information to...
Speaking generally, if an Executor passes away during the course of an administration, the successor Executor will be the next person named in the Will that appointed the original Executor. If there is no successor, then the Court will appoint someone to serve in that role. We always look to the Will of that first person to die when questions arise as to who is in charge of an estate. Hope this helps.
This response is general information only. I do not have enough information to...
Q: Buying a house and seller did not list garage that is attached and now wants more money for garage to give me the deed
Samuel G McKerall's answer
Its impossible to answer your question definitively because we cannot see whatever paper you have that "...does not list the garage...". It may or may not be a contract.
A generic legal principle that may help you is that a contract cannot be unilaterally changed by just one of the parties. Both parties have to agree to the change. I caution you that applies if and only if you have a valid and binding contract, and we don't know whether that is what you have.
I strongly...
Its impossible to answer your question definitively because we cannot see whatever paper you have that "...does not list the garage...". It may or may not be a contract.
A generic legal principle that may help you is that a contract cannot be unilaterally changed by just one of the parties. Both parties have to agree to the change. I caution you that applies if and only if you have a valid and binding contract, and we don't know whether that is what you have.
I strongly...
Q: Do you have lawyers in Alabama I could work with through email if I were eligible to file bankruptcy?
Nels Hansen's answer
You need to contact a local bankruptcy attorney and see what they are willing to do. While many aspects of preparing a bankruptcy for filing can be done by email, phone, fax and regular US Mail, you do have to physically sign the petition and schedules. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
You need to contact a local bankruptcy attorney and see what they are willing to do. While many aspects of preparing a bankruptcy for filing can be done by email, phone, fax and regular US Mail, you do have to physically sign the petition and schedules. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
Q: Hello, my name is Linda. Can my 15 year old have land solely in his name?
Samuel G McKerall's answer
Yes, he can. However, he will have trouble selling or mortgaging it until he reaches the Alabama age of majority, which is 19. Unless he is emancipated by the removal by a court of his disabilities of non-age, a court-appointed or court-approved guardian would have to file a report with the court stating that the sale or mortgage would be in his best interests. The judge would then have to agree with the report and enter an order finding the sale to be in his nest interests and permitting...
Yes, he can. However, he will have trouble selling or mortgaging it until he reaches the Alabama age of majority, which is 19. Unless he is emancipated by the removal by a court of his disabilities of non-age, a court-appointed or court-approved guardian would have to file a report with the court stating that the sale or mortgage would be in his best interests. The judge would then have to agree with the report and enter an order finding the sale to be in his nest interests and permitting...
Q: Can a trustee be replaced with a conservator because trustee is incompetent (82 yrs old/unhealthy/nearly deaf)? Case?
1 Answer
| Asked
in
Estate Planning, Appeals / Appellate Law, Juvenile Law and Land Use & Zoning
for
Alabama
on
Answered on Jun 15, 2017
Answered on Jun 15, 2017
Jack T. Carney's answer
If a Trustee serving under a trust agreement becomes incapable of serving in his or her role, a beneficiary can petition a court to remove that Trustee and replace them with a successor Trustee pursuant to the terms of the document. If the document has no provisions for a successor or if, for example, all of the successors are deceased, then a court would choose a successor Trustee (which can be a person or entity nominated by a beneficiary). A conservator for the incapacitated Trustee could...
If a Trustee serving under a trust agreement becomes incapable of serving in his or her role, a beneficiary can petition a court to remove that Trustee and replace them with a successor Trustee pursuant to the terms of the document. If the document has no provisions for a successor or if, for example, all of the successors are deceased, then a court would choose a successor Trustee (which can be a person or entity nominated by a beneficiary). A conservator for the incapacitated Trustee could...
Q: I have a living will and testament that has" Joint Owners with right of survivorship". Doesn't this attach to a deed?
Dr Kenneth V Zichi J.D.'s answer
You are not using the right words for someone to provide you an answer.
Living Wills, Last Wills (and Testatments), and Trusts are three different things, and NONE
of them would talk about joint ownership with rights of survivorship. THAT would be in a deed of some sort more than likely.
You need to seek out a local estate planning attorney and show him the documents you have and discuss your situation to see if what you have meets YOUR needs. There is no 'one size...
You are not using the right words for someone to provide you an answer.
Living Wills, Last Wills (and Testatments), and Trusts are three different things, and NONE
of them would talk about joint ownership with rights of survivorship. THAT would be in a deed of some sort more than likely.
You need to seek out a local estate planning attorney and show him the documents you have and discuss your situation to see if what you have meets YOUR needs. There is no 'one size...
Q: I'm writing a book. I need some examples to write in the book. People on FB gave me great ones. Can I use them?
Will Blackton's answer
Copyright law will protect the expression of ideas, that is, the creative organization of words used to write the ideas, but not the underlying ideas themselves.
So, if you want to copying word-for-word from others, you must get their permission before using their work. If you want to write something yourself, based on the idea of what other people wrote, that is generally not copyright infringement. This is known as the idea/expression dichotomy in copyright law, and it may help you...
Copyright law will protect the expression of ideas, that is, the creative organization of words used to write the ideas, but not the underlying ideas themselves.
So, if you want to copying word-for-word from others, you must get their permission before using their work. If you want to write something yourself, based on the idea of what other people wrote, that is generally not copyright infringement. This is known as the idea/expression dichotomy in copyright law, and it may help you...
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