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Alabama Questions & Answers
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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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...
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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
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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

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