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Alabama Questions & Answers
1 Answer | Asked in Real Estate Law, White Collar Crime and Consumer Law for Alabama on
Q: Should I refuse to sign due to undisclosed fee requests in Alabama?

I am in the process of purchasing a property and was instructed by my realtor, the seller, and the closing attorney to provide additional money obtained from a title loan company as an unexplained fee, which was not part of the original agreement. They advised me to wire all my funds without... View More

James Blount Griffin
James Blount Griffin
answered on Mar 7, 2025

No one who wants you to sign these docs appears to be loyal to you and you alone. A few questions:

Are you buying a home or an investment property?

Is the seller very eager to get rid of it?

Is there a lender?

Is the closing attorney working for you, the lender,...
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1 Answer | Asked in Gov & Administrative Law and Public Benefits for Alabama on
Q: Does the SNAP program fall under DEI since it promotes equity and inclusion (of certain income)?
Tim Akpinar
Tim Akpinar
answered on Mar 2, 2025

Alabama attorneys who work with diversity, equity, and inclusion issues could advise best, but your question remains open for a month. I don't think it's accurate to say that the SNAP program promotes DEI. The purpose is to help families with food expenses. But I think you could say that... View More

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: Can a individual be held accountable for their actions causing separation/divorce
Tim Akpinar
Tim Akpinar
answered on Feb 21, 2025

An Alabama attorney could advise best, but your question remains open for a month. Yes, from a textbook standpoint if the actions could be proven to cause tangible harm that led to a divorce, such as financial ruin, etc. But from a PRACTICAL standpoint, law firms are reluctant to touch cases along... View More

2 Answers | Asked in Intellectual Property and Trademark for Alabama on
Q: Naming mobile game "Spriteventure" - legal issues with "Sprite" soda brand?

I plan to name my mobile game "Spriteventure," which hints at a retro, pixel-art style. "Sprite" refers to pixelated characters in the game and does not relate to the soda brand. I've found no existing use of "Spriteventure" on the internet. I plan to monetize the... View More

David Aldrich
David Aldrich
answered on Feb 21, 2025

Generally, you look at the similarity of the marks and the similarity of the goods. In this case, due to the distinctions between names and the goods, there is unlikely to any issue between the two specific marks you've identified. However, it's never possible to predict with certainty... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for Alabama on
Q: Should I hire my own lawyer for Uber accident injuries in Alabama?

I was injured in an Uber accident where I was a passenger. I've talked to Uber and the police about the incident. The Uber driver is hospitalized, and I have undergone a CAT scan for my injuries. Should I hire my own lawyer to handle my case, or will Uber take care of it through their insurance?

Mitchell G. Lattof Jr
Mitchell G. Lattof Jr
answered on Feb 17, 2025

You certainly have the right to handle it yourself through Uber's insurance, however most attorneys would recommend that you at least consult with a lawyer to make sure that your rights are best protected and that you recover everything that you're entitled to for your injuries. There are... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for Alabama on
Q: Should I hire my own lawyer for Uber accident injuries in Alabama?

I was injured in an Uber accident where I was a passenger. I've talked to Uber and the police about the incident. The Uber driver is hospitalized, and I have undergone a CAT scan for my injuries. Should I hire my own lawyer to handle my case, or will Uber take care of it through their insurance?

William Vann Burkett
William Vann Burkett
answered on Feb 17, 2025

You should absolutely consult with a personal injury attorney before proceeding with your claim alone. You should not rely upon Uber or their insurance company to act for your best interest. You should also not rely upon your own insurance company to act for your best interest. Personal injury... View More

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1 Answer | Asked in Adoption, Child Custody and Family Law for Alabama on
Q: Can aunt adopt child if one parent keeps rights in AL?

I am the mother of a child for whom my child's aunt currently has court-ordered custody. The child's father, who is her brother, is willing to sign over his parental rights to her. I am supportive of this arrangement and do not want to give up my parental rights. Is it possible for my... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Feb 14, 2025

The short answer is no. A child cannot be adopted without a termination of BOTH parent's rights. However, a termination depending on the circumstances may not be that hard to obtain with abandonment being the easiest route under the Adoption statutes. It would be wise for you to consult an... View More

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: How can I gain custody or visitation for my daughter in Alabama after losing custody?

When my daughter was one year old, I lost custody while I was in prison due to a drug problem. A family promised to return her but used their connections in DHR to gain custody while I couldn't attend court. My daughter, now 14, contacted me, and we communicate daily. There have been no... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Feb 14, 2025

A lot to unwrap here and as anyone else will tell you it is probably best to sit down with an attorney and due a real fact based analysis with ALL of the facts as no matter how much your write here all relevant facts are seldom fully disclosed. If you still have parental rights and those rights... View More

2 Answers | Asked in Immigration Law for Alabama on
Q: when you marry an illegal immigrant/ hire an immigration lawyer that this makes obtaining any form of citizenship easie?
Stephen Arnold Black
Stephen Arnold Black
answered on Feb 8, 2025

Yes, the statistics on Immigration Case approvals are much higher when an attorney represents a couple for a marriage base green card compared to when the couple does not hire an attorney. A United States citizen can sponsor his or her spouse for a green card if the foreign spouse entered the... View More

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1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Alabama on
Q: Is it possible for me to obtain ownership of land that has been enclosed within my fence for around 80 years?

My family homestead the property that we live on in February of 1924. Our pond was dug when my grandmother was a young teenager and she is now 83. According to property lines, from about the last third of our pond back to where our fence is located, is technically not part of our land. However the... View More

Anthony M. Avery
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answered on Jan 10, 2025

Hire an AL attorney to search both adjoining properties' titles. Acquiescence to the ascertainable boundary line (fence and corners) should convey title to you. It is a little different than adverse possession. You will have to file a boundary dispute unless you can get and record a... View More

1 Answer | Asked in Business Formation, Business Law and Health Care Law for Alabama on
Q: I’m an RN and want to start a mobile wellness business. I know IV hydration is out but what other services can I offer?
David Trice
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answered on Jan 6, 2025

Having a good compliance contact is necessary when starting your health wellness company. I have had clients succeed in starting their own physical therapy company, and RNs and CRNPs start their own telehealth / employee benefits wellness program. A growing opportunity for RN is partnering with... View More

1 Answer | Asked in Business Law for Alabama on
Q: how do I end a partnership and sell the business because my partner is in a nursing home and is unable to help me.

my partner has been in the nursing home for over a year and several years before that he has been unable to help. We own a car wash and it requires constant maintenance to keep it running. He has a power of attorney with his sister but she will not sell either. I am getting older and can not... View More

David Trice
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answered on Dec 31, 2024

Yes, you are in the right place seeking out an attorney. Under the Alabama Limited Liability Company (LLC) Law of 2014, a court may order a dissolution or sale of the company. See Ala. Code 10A-5A-7.01. Hopefully there is a way to avoid seeking a court order, but if required, the court may also... View More

1 Answer | Asked in Personal Injury and Real Estate Law for Alabama on
Q: I own a home in hartselle al and the city filled all drainage ditches causing water to run under my house
Tim Akpinar
Tim Akpinar
answered on Dec 24, 2024

An Alabama attorney could advise best, but your question remains open for almost two weeks. You could reach out to attorneys who have experience in real estate/construction/civil litigation. In a case like this, the first thing the city is going to come back at you with is the fact that they were... View More

2 Answers | Asked in Probate for Alabama on
Q: what is the process of filing to contest a will?

Signature is suspect., Time line does not fit the situation.

I am the husband of the deceased.

David Trice
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answered on Jan 6, 2025

In Alabama, the deadline to file a will contest in probate court is typically six months from the date the will is admitted to probate. The first question you must ask is whether a petition to admit the will to probate has been filed. Also important is whether you know of any other versions of a... View More

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1 Answer | Asked in Real Estate Law for Alabama on
Q: My great grandparents gave me the deeds to 2 acres+/-. Can I change the deeds to my name...they both have now passed.
Anthony M. Avery
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answered on Dec 16, 2024

Giving you possession of deeds does not give you title, possession or anything but papers. Recorded deed conveyances from an owner over to you as grantee is what gives you title. Most likely the Decedents' Heirs own the properties. Hire an attorney to search the titles and determine... View More

2 Answers | Asked in Probate for Alabama on
Q: If I have more assets than my deceased husband, will I get nothing or do I get one third of his assets.

My husband had annuities and insurance for his adult children, and I am not sure if I am interpreting the law correctly for Alabama when it says that a spouse in Alabama cannot be left out. My husband had a will but I was not included in it. So when the law says it is impossible for the spouse to... View More

David Trice
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answered on Dec 10, 2024

Hello, you are referring to the Alabama Elective Share Statute, Ala. Code § 43-8-70, et seq. When calculating the elective share, the value of the surviving spouse's separate estate is considered. This includes all property and assets that the surviving spouse owns independently of the... View More

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Alabama on
Q: someone owes me rent and i was buying a camper from them. can what they owe go towards the camper

i gave them 200 down and only owe 1300. they stayed with me for couple monthes and left without paying anything. can’t i keep

the camper for their payment

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2024

An Alabama attorney could advise best, but your question remains open for two weeks. Most people in your position would probably think of using that point. But a local attorney could advise better in terms of the legalities involved in your idea - it is possible that you and the other side could... View More

1 Answer | Asked in Personal Injury and Car Accidents for Alabama on
Q: My son and I were in a wreck earlier this year. We have a current case that’s trying to be resolved.

I was told his settlement will be held by the court since he’s a minor (4). Is there anyway around that?

Jeffrey G. Blackwell
Jeffrey G. Blackwell
answered on Nov 21, 2024

Great question. Alabama law provides several protections to minors in personal injury cases. First, the statute of limitations (time period in which we must file a case) for a minor does not run until the child reaches the age of majority (adulthood). That gives the minor time to make his or her... View More

2 Answers | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: I have a power of attorney drawn up by an attorney who marked thru incorrect addresses. Is it legal?

Is a power of attorney legal if it has marked thru incorrect and corrected addresses?

James Blount Griffin
James Blount Griffin
answered on Nov 21, 2024

To invalidate a power of attorney, you must have both facts and law on your side. Every lawyer has had a client walk in who noticed a misspelled name, incorrect address, misidentified party, incomplete description, or typo. Correcting incorrect addresses does not necessarily invalidate a signed... View More

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2 Answers | Asked in Trademark for Alabama on
Q: What do I need to move forward on a trademark.... I need an attourney
Felicia Altman
Felicia Altman
answered on Nov 11, 2024

In order to move forward with a trademark you must file an in-use or intent-to-use application with the USPTO. It is recommend to do a quick search of the USPTO to check if your potential trademark is already in use. It is recommended but not required to work with a Trademark Attorney or Specialist... View More

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