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Alabama Questions & Answers
2 Answers | Asked in Car Accidents for Alabama on
Q: Who would be at fault in this circumstance?

I hit a car from behind. It was night time and raining. The car was at a complete stop in the middle of the road (right lane) without lights on or emergency lights. The driver said he had run out of gas. By the time I was able to see the car I could only slam on the brakes causing me to slide until... Read more »

Mr. Stephen F. Thompson Jr.
Mr. Stephen F. Thompson Jr. answered on Dec 10, 2019

I depends. If the other driver's battery worked, then the hazard lights should have been on. If there was an emergency lane, then the car should've been over in it and not in the middle of the road. But maybe there were reasons it wasn't.

Alabama is a contributory negligence state, which...
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1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Personal Injury for Alabama on
Q: In Alabama if probate closed in July 2019 shouldn’t the lawyer have disgust the money by now? And

How much money the lawyer put into his personal account? He said it was what the accident insurance paid but we never seen proof of how much

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

Your question bridges four categories and it would be best for an attorney who is knowledgeable in Estate/Probate matters to address the estate-related aspect of it. As for the personal injury-based aspect of your question, it shouldn't be a problem for an attorney who represented a plaintiff in an... Read more »

1 Answer | Asked in Estate Planning, Land Use & Zoning and Probate for Alabama on
Q: Grandma passed away no will. Just put in my father and my aunts name. My father passes and my siblings and I inherit his

House in grandmas name still. My aunt wants in her name and claims we still will inherit after she passes. But by us signing over we are giving up any right,right?

I dont believe her and she says its Alabama law no matter what?

Nina Whitehurst
Nina Whitehurst answered on Dec 6, 2019

If you put the house in your aunt's name, then she can sell it to whomever she wants or leave it to whomever she wants in her will. If you are OK with that, then go ahead and do it. If you are not OK with that, then both your grandma's estate and your father's estate need to be probated to get... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: purchasing a home do you need the person on the title and to person on the deed
Amanda B Cook
Amanda B Cook answered on Dec 4, 2019

"Title" is an amorphous concept in real estate law. A "Deed" is the instrument you record at the courthouse to evidence your "claim to title", but there can be competing claims to title even if there is a recorded deed. Your question is a little unclear, I suggest you get a consultation from an... Read more »

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: My question is why am I paying child support for a child that has been adopted by a family
Kristine Jones
Kristine Jones answered on Dec 4, 2019

Hello. Great question. Unless you agreed to continue paying support for some reason, or owe back child support, then your child support obligation after the date of adoption would have stopped. Not looking at your case, it's hard to give a more specific answer than that. If you want more specific... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: I have a domestic violence charge on my record I was unaware of. How could I have a charge if the police have never

Spoken to me?

William Jaksa
William Jaksa answered on Nov 27, 2019

If you have a conviction on your record that you're not aware of, OR that you know is false, then you need to move to get it removed. First, speak to the Clerk at the courthouse where the conviction is registered to get a copy of the conviction and then contact the associated police service and... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: Student w/ active apt lease. Can I keep my bdrm locked during showings and when I’m gone out of town? What are my rights

I’m a student w/ an active apt lease, I was not provided an intent to sell from PM, only day & time of showings. Apt went on mkt days after water damage (that still hasn’t been repaired) from a water heater was reported.

Anthony M. Avery
Anthony M. Avery answered on Nov 27, 2019

Unless the Manager destroys or steals your property, what would be your damages? There is no cause of action here. Even if the Manager and Customer hurt something, how would you prove it? Generally a landlord can enter the premises.

2 Answers | Asked in Personal Injury, Products Liability, Health Care Law and Legal Malpractice for Alabama on
Q: Child’s doctors office didn’t return calls, gave bad advice over phone about 4 week old baby.

I called my child’s doctor office multiple times trying to get a appointment for that day and wasn’t getting a response, I told them my child’s symptoms and his age multiple times only to get a call 30 minutes before they closed. The lady on the phone told me she would go ask a doctor and... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 25, 2019

I'm sorry for the ordeal your baby and you, as a parent, went through. A med mal attorney would likely want to review the records with a medical professional to make a more meaningful assessment. In terms of the telephone exchanges, an attorney would have additional questions regarding what was... Read more »

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2 Answers | Asked in Real Estate Law and Small Claims for Alabama on
Q: My grandma died and my wife and I have been living I her house for 7 years and now my dad is trying to kick us out

Can he put the house in his name

Amanda B Cook
Amanda B Cook answered on Nov 25, 2019

That depends on a lot of different facts. Did your grandmother leave a Will? Is your father her only heir? I strongly recommend that you seek the advice of an experienced attorney.

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2 Answers | Asked in Bankruptcy, Contracts and Real Estate Law for Alabama on
Q: commercial in AL with owner finance. Buyer stopped paying after 2 years and filed for bankruptcy. What can the seller do

Commercial property in ALABAMA was sold in 2017 with owner financing with 30% down and 7 years of monthly payments at 6%. The contract was recorded in court house as a lien. The buyer (LLC) with personal guarantee paid on time for 2 years and now filed for bankruptcy (both LLC and personal).... Read more »

Timothy Denison
Timothy Denison answered on Nov 24, 2019

You can take the property back and sell it to someone else. You have no recourse against the bankrupt buyer unless the bankruptcy isn’t discharged.

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1 Answer | Asked in Real Estate Law for Alabama on
Q: I bought property in Alabama from out of state. Instead of going through all the faxing back and forth.

I had my daughter put it in her name since she lived here. What would I need to do to put it in my name. Would I have to pay or would she have to pay taxes on it.

Amanda B Cook
Amanda B Cook answered on Nov 22, 2019

You will need an Alabama attorney to draft a deed. the taxes are due and payable and you should pay them before Dec. 31. Whether they will accept a check from your daughter depends on the practice of the local revenue commissioner. You should call the number on your tax bill to explain the... Read more »

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: My mother passed in 2015. I've been paying the Alabama property taxes on her land since. Can i get get it in my name?

She signed a power of attorney to my sister before she died.

Amanda B Cook
Amanda B Cook answered on Nov 21, 2019

You really need to speak with an experienced real estate and/or probate attorney who can help you through the process.

If your mother passed without leaving a Will, or "died intestate", her property will pass to her heirs at law. But if there has been no probate and no one else's name is on...
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1 Answer | Asked in Divorce and Real Estate Law for Alabama on
Q: What is the process for foreclosure on an abandoned home post divorce?

After our divorce, my ex stayed in our jointly owned home for 2 years and then abandoned it about 6 months ago. He also stopped making payments then. Foreclosure is now the only way to get my name off of the loan. How long does that process take and does the home being abandoned change the usual... Read more »

Kristine Jones
Kristine Jones answered on Nov 19, 2019

Hello, without reading your settlement agreement or decree, it is difficult to know how to answer. Normally there is language that protects the ex-spouse in your position so you can take him back to court for contempt e.g. non-payment of mortgage, etc. Foreclosure will not get your name off the... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: If Alabama divorce decree states alimony to stop when ex spouse turns 62, can alimony be stopped automatically?

Exspouse turned 62, alimony was stopped the next month. The divorce papers state that alimony will be paid periodically until the ex spouse turns 62 at which time she will be covered under the ex spouse social security.

The ex spouse will not be 62 and eligible for social security until... Read more »

Kristine Jones
Kristine Jones answered on Nov 19, 2019

Hello, it is difficult to know how to answer without reading the entire document. Does it mean the ex spouse will be covered under her own social security when she turns 62? Does it mean when her ex-husband turns 62 in a couple of years? It doesn't seem like leaving a 2 year gap is what was... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: How is child support typically calculated for 50/50 shared custody in Alabama?

Since 2012, I have had shared custody of my 2 sons. My ex-wife and I keep them for 50% of the time (we swap weekly).

We’ve had an agreement in place since 2012 however my ex-wife is now seeking a modification of child support.

Per the guidelines, our total child support is... Read more »

Kristine Jones
Kristine Jones answered on Nov 19, 2019

Hello, questions like this will be up to the judge's discretion as to how to handle it. Typically, 50/50 will not award any child support to either party unless the income disparity is very different. Here, it seems you make quite a bit more than your ex so that may be to her advantage. There are... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: I am currently paying child support even though my son stays with me . He will be 18 in January but his dad threatened

Go to court if I try to take him off. I can’t afford another lawyer. What can I do? This is in Alabama

Kristine Jones
Kristine Jones answered on Nov 19, 2019

Hello, child support goes until the child reaches majority, which in Alabama is 19. Once he does reach majority or otherwise becomes self-supporting, then you can file a form with the court that has the case to end child support. The fee for filing that form should be minimal and much less than... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Alabama on
Q: My dad had a power of attorney over me. My grandfather left the farm to me and my dad . My dad signed me off deed and

Sold for 500k. He passed away and probate is still open . I know there is a 10yr limitation , however if I was home and wasnt advise about sale someone said I could file motion in probate for half of the sale price. Because a POA suppose to benefit the principle and since I was home I should have... Read more »

Amanda B Cook
Amanda B Cook answered on Nov 18, 2019

It does sound like you need to take court action and quickly, but this is not something that you can handle on your own. You really need to seek out an experienced probate and real estate attorney to help you with this matter. It will help the attorney if you first visit the probate court and... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Health Care Law for Alabama on
Q: How can insurance companies keep lowering pain management for long term pain mngt patients until quality of life suffers

I had my first spine surgery at age 19 and many more,some botched over the years I turn 50 in a few days. Over the years I've had many pain mngt procedures, medications, and not a whole lot of pain relief. I finally got good pain mngt Dr. approx 16 yrs ago who gradually raised my meds until I felt... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 9, 2019

An Alabama attorney could address your issues best, as insurance is governed by state law. But your question remains open for two weeks. I'm sorry for your pain and frustration here. This sounds like something to take up with your doctor. While the pain management philosophies of your insurance... Read more »

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: The deed to our Alabama family farm lists all my siblings and my mother's name. Are we joint owners Or heir property ?
Amanda B Cook
Amanda B Cook answered on Nov 7, 2019

That's going to depend on several more factors, including who is living and deceased, and what the language of the conveyance actually says. You need to take your deed to an experienced real estate attorney who can tell you what everyone's rights and obligations are according to the deed.

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