Alabama Questions & Answers

Q: I have a questions about Trusts.

2 Answers | Asked in Estate Planning for Alabama on
Answered on Mar 24, 2017

Not exactly "any time" as a trust does have some restrictions (and needs to if she is on needs based government assistance). However, the trust would be for her sole benefit and the Trustee would be responsible for seeing that she is well cared for with the funds. If a trust is needed to preserve benefits it is usually a good thing. However, you may want to talk with someone experienced with special needs trust to (1) discuss whether a trust is appropriate and (2) discuss who could serve as...
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Q: Mom passed,No will, I'm the only heir, the only asset was property that is mortgaged. No debt, Do I need Probate?

1 Answer | Asked in Probate for Alabama on
Answered on Mar 21, 2017

Probate is probably not necessary in your situation. If you are the only child, then the real property "vested" in you at her death. I do recommend taking some steps to get the property into your name or your child's name. You can accomplish this name change with "heirship affidavits." A local probate or property lawyer can prepare the necessary deed and documentation. Updating the title is important for a few of reasons: 1. If you ever want to sell the property it would be easier, 2. the...
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Q: My neighbor house burnt down 3 years ago, they will not tear the home down major health problem.

1 Answer | Asked in Bankruptcy, Contracts and Real Estate Law for Alabama on
Answered on Mar 18, 2017

You can sue the owner and claim that the property is a nuisance, so long as the property's current condition is creating actual harm to your adjoining parcel of land or the structures on it. You can also make a claim for any physical injuries and medical costs you have actually suffered as a direct and proximate result of the nuisance condition of the property. If it is simply an eyesore, your efforts are better spent at the local government level and through your local representative on...
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Q: We live in Alabama.My mother died in 2003. She has a will leaving her estate to me and my 4 siblings. I am executrix

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Answered on Mar 16, 2017

Your first problem is Section 43-8-161 of the Code of the Alabama, which provides:

Wills shall not be effective unless filed for probate within five years from the date of the death of the testator.

This does not mean you do not have a solution to your problem. It means that you're going to have to get to that solution in a different way than would have been the case had you probated the will within the five year time limit.

The law of Alabama contains provisions that...
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Q: It been nearly 4 years since a workman's comp. case was started whats taking so long ? I'm in Alabama.

1 Answer | Asked in Workers' Compensation for Alabama on
Answered on Mar 12, 2017

You need to sit down with your attorney to find out. Generally that would be way over due, but if they are contesting something it can take a long time.
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Q: Thank you Mr.McKerall. Do I need to have my answer notarized? Should I have the charge before the answer in my reply?

1 Answer | Asked in Criminal Law for Alabama on
Answered on Mar 12, 2017

You do not need to have your answer notarized. You do not need to repeat your ex's charges in your answer, but you do need to refer to them. For example, begin each paraqraph of your answer with this phrase - "For answer to the 1st, 2nd, 3rd, etc, paragraph of the petition, the respondent says as follows" And then state your response to that paragraph.

With respect to asking for your own relief, such as a reduction in alimony and an alimony termination date, that is called a...
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Q: My ex filed rule nisi charges against me. I want to give a general denial answer. How do I go about doing this?

1 Answer | Asked in Criminal Law for Alabama on
Answered on Mar 12, 2017

If you really want to be your own lawyer, which is hardly ever a good idea, prepare your answer to the Rule Nisi according to Rules 7 through 11 of the Alabama Rules of Civil Procedure, which you can Google under that search phrase, or you can find them here. http://judicial.alabama.gov/library/rules/cv8.pdf. When acting as your own lawyer you are said to be acting "pro se", which is Latin for something like "for self". As a pro se party you can probably get away with your plan to file a...
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Q: How do I squash a warrant that is 22 years old from Cicero IL. when I have lived in Alabama for 22 years and still do?

1 Answer | Asked in Criminal Law for Alabama on
Answered on Mar 11, 2017

Its simple. You select a competent criminal defense lawyer in Cicero, Illinois, and hire him or her to do it for you. Its not something you can do yourself. Well, technically, you can of course try to do it yourself, but the chances of success are way less than good if you try that. With a case that old, the chances are good that a competent lawyer could get it dismissed.

Good luck. I think the odds are good that a good lawyer could get the case dismissed, but (and pay close...
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Q: I live in Alabama and I'm trying to decide if I should file bankruptcy .. I have a us ed student loan $10k owed, doctor

1 Answer | Asked in Bankruptcy for Alabama on
Answered on Mar 9, 2017

Assuming your household size is single, or married with no dependents, Chapter 13 looks to be your best option under the U.S. Bankruptcy Code. Under Chapter 13, you would be required to set up a Plan which provides for a payment equal to your monthly "disposable income," running between 36 to 60 months. There are several other considerations to determining the amount of the Plan payment, such as whether you have mortgage arrears, tax claims, child support claims, an auto loan or auto loans,...
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Q: Q: My Mom put her home & land in my name, she has a life estate. Can I add my husbands name to the deed?

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Answered on Mar 9, 2017

First off, if your Mom has a 'life estate' the property is NOT in 'your name only' currently. Your Mom has an interest too.

Assuming this is a 'ladybird' deed you in fact don't actually own *anything* until your mother passes. If this WAS an honest to goodness present interest transfer with a reservation of a life estate (generally pretty rare these days) then you could do this. You could also 'quit claim' an interest you MIGHT receive (as in a ladybird deed) but seriously, this is a...
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Q: Does the board of a HOA in Alabama have to submit a yearly budget for approval to the association membership.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Mar 6, 2017

Like many questions of law, there is no direct answer to your question. You have to derive the answer from other things you know. There is nothing in the Alabama Code that requires an HOA board to adopt an annual budget. However, the condominium documents may well and probably do impose such a requirement. Check and see. Whenever the board DOES adopt a budget, then the Code steps in with this requirement: Code of Alabama 35-8A-303(c) requires that: "Within 30 days after adoption of any...
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Q: Hi, what can my son do to get his tax refund that was directly deposited in his girlfriend bank account?

1 Answer | Asked in Criminal Law and Tax Law for Alabama on
Answered on Mar 2, 2017

It sounds like you are stating she filed his tax return without him being present to review and approve the return or authorize its filing. This is very unusual without a specific Power of Attorney authorizing her to do so. However, since it sounds like she was authorized to do this by your son, that is not really what the IRS is looking at in fraudulently filed returns, though H&R Block should not have allowed this.

You may want to talk to the local police department about theft of...
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Q: Will filing chapter 13 show on a cosigner credit report

1 Answer | Asked in Bankruptcy for Alabama on
Answered on Mar 1, 2017

A chapter 13 filing imposes a co-debtor Stay on the creditor being able to collect on the account. This means that the creditor can take no action against the Ch 13 debtor or the co-signer. Filing a negative entry on the co-signer's credit report could violate the bankruptcy Stay Order, and also be a violation of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act if the co-debtor's credit score is negatively affected by an entry made by a creditor subject to the...
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Q: Filling out business loan ap, as personal guarantor. Asking if ever filed bankruptcy. Its over 10yrs old. Disclose Y/N?

1 Answer | Asked in Bankruptcy for Alabama on
Answered on Feb 25, 2017

Federal and most likely your state's law ( or the applicable state law if an out of state lender) would require you to be truthful on your loan application. If there is space provided, add a notation of the date the bankruptcy case was filed. You should under no circumstances omit any requested information on the loan application. Many bank fraud criminal cases arise when the borrower later files a bankruptcy case. This information will go to the lender and they will most likely review the...
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Q: I am the only one on the mortgage and deed. I am working on getting it refinanced.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 24, 2017

The lender will probably require him to sign something subjecting or subordinating his homestead rights in the property to the lien of the mortgage. That's because most states (if not all) have created homestead rights in the home of a married couple and their minor children such that if one spouse dies, the other can stay in the home for the rest of their lives and their general unsecured creditors cannot attach the homestead property. The homestead right exists when the married couple or...
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Q: How are Probate attys paid? A flat fee? A percent of estate? If so what present is usual? Can I do it without aty

1 Answer | Asked in Probate for Alabama on
Answered on Feb 22, 2017

Most courts will not allow an individual to probate an estate without an attorney. There are also just too many pitfalls in doing it yourself. Most attorneys charge hourly, but some do charge a percentage. I would recommend working with an attorney who charges an hourly fee. In that situation you are paying a fair fee for the work involved. Most hourly rates are pretty equal in a given legal market. The good news is that there is no shortage of attorneys so shop around!
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Q: My brother and I share a house (heir property). Can he move in a friend against my wishes?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 21, 2017

Unfortunately, yes. All joint owners of real estate have equal rights of possession, and that includes having guests.
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Q: If i buy from a narc can i be charged with distribution

1 Answer | Asked in Criminal Law for Alabama on
Answered on Feb 21, 2017

Not until you distribute it to someone else. However, if you bought a large enough quantity you can be immediately charged with possession with intent to distribute, which is just as serious a charge as distribution.
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Q: My Dad died in December of 2015. Prior to his death his wife who is not our mother used her power of attorney to deed

1 Answer | Asked in Probate for Alabama on
Answered on Feb 21, 2017

Your research skills are good! If she is not your mother then her share is 1/2 of the estate (assuming he died without a Will). There are some other benefits she can claim as a surviving spouse which could enhance her share by about $30,000. These are called the statutory exemptions and allowances and are: homestead exemption, personal property exemption and family allowance. Good luck.
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Q: How long does it take for a bankruptcy to disappear from your credit report?

1 Answer | Asked in Bankruptcy for Alabama on
Answered on Feb 20, 2017

A bankruptcy case filing is reported under the Public Records Section of your credit report for up to ten (10) years.

The notation of the bankruptcy filing on the credit report is not significant enough to hold your credit score down after you receive the Discharge Order from the US Bankruptcy Court.

Dave Ramsay has a chapter on credit scores and how to improve them in his personal finance book Total Money Makeover.
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