Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Alabama Questions & Answers
1 Answer | 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

1 Answer | Asked in Real Estate Law for Alabama on
Q: In the state of Alabama i was told if you pay the taxes on someone's property for three years you have the right to it

The owner is deceased taxes not been paid for the year the owner has children but one is deceased one in mental home

James Blount Griffin
James Blount Griffin
answered on Nov 8, 2024

I have not heard of a three-year time period for adverse possession, but of a ten-year time period. (There is a three-year right of redemption of your own property if it is foreclosed upon.) I took on an adverse possession case not long ago. There is nothing automatic about an adverse possession... View More

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: I'm Pers. Rep for my Mom's estate in SC, where she resided. She has a will, Probate opened n SC. ? about land in AL?

I am the Personal Rep for my Mom's estate in SC, where she resided. She has a will, Probate has been opened here. She has land in Mobile county, AL, (< 12 acres) the estate is small. What do I do about the AL land? I am looking for low cost solutions. How much are your fees? I live in SC also.

James Blount Griffin
James Blount Griffin
answered on Nov 6, 2024

What you need is something called "Ancillary Administration," which is estate administration in a second state. Look at the Will and see if there is provision for you as personal representative to open a second estate in another state. That would make things easier. Well-prepared wills... View More

1 Answer | Asked in Insurance Bad Faith for Alabama on
Q: If someone living in your home takes your car without permission and wrecks it is that person guilty of theft?

The insurance company claims it was not theft because he lived in my home.

Tim Akpinar
Tim Akpinar
answered on Nov 5, 2024

An Alabama attorney could advise best, but your question remains open for a month. It could probably be argued both ways from a practical standpoint, but your insurance carrier probably has certain standard procedures it goes to in terms of handling claims involving people in the same household. It... View More

1 Answer | Asked in Personal Injury for Alabama on
Q: How hard is it to win a defamation case against a person. The statements made she knew were false and hurt my reputation

My mother in law filed a petition for custody of my husbands children stating I was a drug addict and referred to me as a concubine. She states I'm an unsafe individual all in which she knows is false. She ruined my reputation and caused my husband and I serious emotional turmoil even still.... View More

Michele McBride Simonelli
Michele McBride Simonelli
answered on Nov 2, 2024

It sounds like you may have a potential case for defamation, interference with employment, and possibly other civil claims. In a situation like this, several factors could play into whether you have a viable legal claim. Here’s an overview of what you’d need to consider:

Defamation: To...
View More

1 Answer | Asked in Construction Law and Municipal Law for Alabama on
Q: Are there any laws or ordinances in Alabama about times that construction work can be done?

Laws, ordinances, or policies adopted by a city, county, or local government within Alabama that define specific times that construction work can be performed.

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2024

An Alabama attorney could advise best, but your question remains open for a month. Until you're able to speak with a local attorney, those issues sometimes fall under noise abatement. They're often regulated regionally by city or town codes. You could check with local environmental... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Alabama on
Q: I would like to know if I can hire an attorney to verify if my son's dad has received a settlement check?

Hello my son's father is trying to avoid paying child support and he has received a settlement check but I believe that he put the check in his wife's name or another family members name. I would like to know if I can pay an attorney to find information on the settlement and verify that... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Sep 28, 2024

Yes,. You can do that and more. If the father owes money you can file a contempt/collection case and if you know the source of the settlement and/or the attorney who procured it for him you can issue a subpoena directly to them. If you don't know you can issue written questions to the... View More

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Alabama on
Q: I have a client threatening to sue me for uncompleted work after completing the original contracted job.

The original contract for this client has already been completed. My client changed their mind on which type of pool they wanted after it was already installed. I obliged to change the pool out and ordered the new kit and took down the original. I had to push them to the back of my work log due to... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2024

An Alabama attorney could advise best, but your question remains open for three weeks. You have no control over whether or not they choose to sue. Hopefully they won't. But you can take certain steps to make your defense easier and your position stronger should they decide to. Gather all your... View More

1 Answer | Asked in Estate Planning for Alabama on
Q: What is best and safest to secure the transfer of ownership of a my house/property to my daughter.

Im 36 fully own a property with home and want to know the best and secure way to ensure the transfer of ownership to my daughter in the situation of my sudden demise so the property can't be legally sold or anything without my daughter being a legal adult to make her own decisions regarding... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2024

Placing the home in a revocable living trust would work well in this situation. You retain total control during your lifetime and when you pass the house passes to a successor trustee for the benefit of your daughter. You would want to put all of your assets in the trust so they can all be managed... View More

1 Answer | Asked in Civil Litigation and Employment Law for Alabama on
Q: Can a contractor withhold a paycheck in alabama for personal debt to him from a 1099 employee if debt isnt from business

Vehicle was on monthly payment and was repossessed for 30 days behind , purchase was not linked to business contractor owned. Was told I wasn't fired or layed off but had to find a way to get to work

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

GA is always confusing. If you are a 1099, you are not an employee, you are an independent contractor and none of the employee protections apply to you. However, you may be misclassified as an IC by the employer, which can be a big financial benefit to them. They don't have to payroll... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: I’ve paid taxes on land co-owned by siblings for ten years. What are my options?

No one else would help. I’ve paid the taxes for 8 to 10 years.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024

You can ask for reimbursement. If no money you can file suit for a Sale For Partition. There you can ask the judge to reimburse your share, but it is not for sure. The other option is to hire an AL attorney to search the title and draft a deed for all the other tenants in common to deed their... View More

2 Answers | Asked in Bankruptcy, Divorce, Foreclosure and Real Estate Law for Alabama on
Q: do i have to notify my ex-wife of a foreclosure notice i received for her house?

i got a divorce in 2015. my ex-wife got the house and land, she was to keep up all payments; taxes and insurance. i filed; individually; for ch.7 bankruptcy and it was discharged in 2019; including the mortgage.the mortgage company was given the discharge order. the property is in Alabama, and i... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 12, 2024

While a State divorce court can award property to just one spouse, it has no p0wer to remove the other signer of a Note and Mortgage.

Nor does a bankruptcy court, as perfected liens generally remain against a bankrupt's property. But the bankruptcy Discharge will block any...
View More

View More Answers

1 Answer | Asked in Divorce for Alabama on
Q: Separated since 4/17/23. I want to purchase a home without it seen as marital property. Divorce is Nov 5. Possible?

I am representing myself. I'm looking for a caselaw that support this.

Christine Hernandez
PREMIUM
Christine Hernandez
answered on Sep 2, 2024

I would wait to purchase property until you receive the judgment of divorce. Matters of alimony and property division are interrelated, and the entire judgment must be considered in determining whether the trial court abused its discretion as to either of those issues. Willing v. Willing, 655 So.2d... View More

2 Answers | Asked in Bankruptcy for Alabama on
Q: What is a withdrawal of a notice to default
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 26, 2024

I'm currently licensed in PA, but have practiced in Georgia, OK, TX, NJ and DE, but not Alabama.

You don't say whether this Notice is in federal court, where the practice is fairly uniform in all States, or the Alabama state court. There's probably some difference....
View More

View More Answers

2 Answers | Asked in Criminal Law for Alabama on
Q: In Alabama does the county or city within that county have jurisdiction over someone accused of kidnapping.

Can the city and county try the same case?

Christine Hernandez
PREMIUM
Christine Hernandez
answered on Sep 2, 2024

In Alabama, Kidnapping is a felony offense. The State of Alabama prosecutes the case in the county for which the alleged conduct occurred. A municipal court does not have jurisdiction over felony offenses. However, you used the word kidnapping and did not provide any other facts, therefore, if the... View More

View More Answers

1 Answer | Asked in Gov & Administrative Law for Alabama on
Q: what do we need to do in order to transport someone from a fire department to addiction treatment

We are starting a community intervention with the Fire departments and with community treatment centers in AL. Where can i locate the guidelines and criteria for this transportation service

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2024

An Alabama attorney could advise best, but your question remains open for a week. Actually, EMTS, AMTS, or other first responders in your area would have more insight into this than attorneys would. They could be a starting point. Public health agencies might also be a source of guidance for... View More

1 Answer | Asked in Elder Law and Health Care Law for Alabama on
Q: My sister lives in Florida and is increasingly confused and extremely forgetful

Unknown to me, she recently took out a reverse mortgage . In May at her request I sent her $500 to pay her water bill as they had been without water for 2 weeks. According to her " roommate" who helped her obtain the reverse mortgage the previous $6000 payment was used to "fix things... View More

Tim Akpinar
Tim Akpinar
answered on Jul 29, 2024

An Alabama elder law attorney should advise here, but your question remains open for three weeks. It sounds like you've already been exploring viable options, like the power of attorney you mention. A guardianship might be something for you to consider - before she jeopardizes her financial... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: Alabama real-estate law question.

I bought a vacation property in Alabama while engaged. Only my name is on the deed. A gift of money was given to purchase by my ex fiancée. I have paid all the bills since ownership. Alabama is not our state of residence. Does my ex have claim to my property? He is suing.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

Hire an AL attorney now. You must file an Answer and defend against the suit. Let your lawyer decide how to defend you. If there was a Divorce then that Judgment might control, but arguably only has jurisdiction in the State of the Divorce, not AL land., and thus unenforceable.

1 Answer | Asked in Insurance Bad Faith for Alabama on
Q: Can insurance agent not have to notify clients when being sued?

My insurance dropped me after spending 30 years with them. The insurance agent did some questionable things before being dropped. First my son drove off with a gas nozzle still in tank the gas pump caught on fire. He ran in looking fir a fire extension not one available that worked. Then he put... View More

Tim Akpinar
Tim Akpinar
answered on Jul 22, 2024

An Alabama attorney could advise best, but your question remains open for a week. Until you're able to discuss state-specific law with a local attorney, the short answer is that nationwide, carriers will almost always provide the policyholder with notice of a claim. Your question about suing -... View More

2 Answers | Asked in Contracts, Antitrust, Civil Rights and Constitutional Law for Alabama on
Q: Can a Volunteer Fire department demand you quit a EMS Volunteer squad set up in the same town/building ?

New Fire cheif started undermining EMR Volunteer prior to changing Bylaws of the Firefighter Volunteer department. Now claims it's a conflict of interest for members to be apart of EMS Volunteer and Firefighting. Dispite prior to Bylaw change this was common and he was on both sides with low... View More

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2024

One option could be to discuss the new demand with members of both organizations to determine how the new policy could affect the interests of the community. In terms of assessing potential conflicts, that could sometimes be a complex analysis - an attorney might be able to offer guidance there.... View More

View More Answers

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.