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Alabama Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Alabama on
Q: My adult children recently inherited their deceased fathers home however there is a woman who is squatting in it

They was advised to serve her a 30 day written notice Which they did The utilities are listed in my name Can I legally suspend the utilities after the 30 day notice to vacate

Sheila Crumley Field
Sheila Crumley Field answered on Aug 4, 2020

No. You will owe her money if you do. The next step is to evict her. Go to small claims court and get the forms, file them and have her served. Once served she has 14 days to answer. After that, then you can file for a default. After that if she’s still there then ask for a writ of assistance to... Read more »

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Alabama on
Q: i own 120 acres and my dad has a life estate on the property. he also owns the timber/mineral rights. can he sell them?

My father put the land in mine and my brothers name years ago but kept the timber/mineral rights. He has cut timber many times. Now he wants to sell the land and we don't agree. Can he sell the timber/mineral rights to someone without our knowledge? WHat happens to the land then?

Anthony M. Avery
Anthony M. Avery answered on Jul 28, 2020

If the conveyance to you and your brother is enforceable, then his reserving timber and mineral rights will also be enforceable. That could involve the entire surface of the 120 acres. You apparently state that Father owns the fee in timber and minerals, but only a life estate in the property... Read more »

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: I know my grandfather left me stuff in his will but my grandmother got power of attorney. how can i see the will?

can i find out if she took me out of the will or if anything was left to me?

Sheila Crumley Field
Sheila Crumley Field answered on Jul 19, 2020

Was the Will Probated? You can call the judge of probate in your county and find out. If there is not a will then you are out of luck. And then some people choose not to probate the will because they don’t want everyone getting their stuff. Unless you have a copy of the Will you are probably... Read more »

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Need a lawyer to open safety bank dep. Box for deceased mother not afford 2000 retainer. Can you make referral thank you

Thousand Dollars retainer. Is there a lawyer in mobile who can just get a court order to have box opened for a fee. Thank you

Jack T. Carney
Jack T. Carney answered on Jun 18, 2020

I am not sure if she would be able to help, but I would recommend Stephanie Booth. Her e-mail address is sbooth@gcelderlaw.com

Good luck!

1 Answer | Asked in Probate and Estate Planning for Alabama on
Q: When someone gives away an item years before his passing; is the item subject to the deceased's previous will?

My question is about three, irreplaceable heirloom items with no monetary value, but which my father personally entrusted to me because of their immense sentimental value. When he gave them to me (several years before he passed away); my father was emphatic about his determination for me to have... Read more »

Jack T. Carney
Jack T. Carney answered on Jun 4, 2020

I can provide some general information about the treatment of specific devises in a Will. You will of course need to speak with an attorney to discuss the specific application of the law to your situation (as some additional facts would be helpful in providing a final answer). First, you are... Read more »

1 Answer | Asked in Estate Planning and Gov & Administrative Law for Alabama on
Q: can the government force me to liquidate all me assets before I am able to receive medicaid support?
Nina Whitehurst
Nina Whitehurst answered on May 29, 2020

They can't FORCE you to do so, no, but they can deny benefits until you are eligible. Do yourself a HUGE favor and schedule an appointment with an experienced elder law attorney in your area. Elder law attorneys are good at helping people attain Medicaid eligibility in the shortest amount of... Read more »

1 Answer | Asked in Elder Law and Estate Planning for Alabama on
Q: Can/will Medicaid pursue asset recovery on a home that is by their calculation worth less than is owed on the mortgage?

The home is in my mother's name, but I and my family live in it. Current tax appraisal of home is $49k, and Alabama Medicaid advised me to list it for $50 -55k, but $60k is still owed on the mortgage. Will they force us to continue to try and sell, even though they would get nothing, or is... Read more »

Ben F Meek III
Ben F Meek III answered on May 27, 2020

Your mom has an asset, which is the home. The mortgage may reduce the home's value to her, but it's still an asset.

There are too many unknowns that need to be looked into before you can know whether Medicaid can come after the house. One would be whether Medicaid recorded a...
Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: I am sole benifercy of estate of widow w/NO kid's. Am DPOA. Can her neice interfere?
Sheila Crumley Field
Sheila Crumley Field answered on May 6, 2020

If she believes you are financially exploiting the elderly, she sure can.

1 Answer | Asked in Estate Planning, Landlord - Tenant, Legal Malpractice and Probate for Alabama on
Q: Does a handwri statement have to be certified in order to make it legal.

Girlfriend passed away and Left a handwri statement saying I could stay on her property in a house until I die

Nina Whitehurst
Nina Whitehurst answered on Apr 26, 2020

The probate court would need to determine that the handwritten statement satisfies the requirements for a holographic will. You will probably need a probate attorney to help you.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: If one person passes away on a tenants in common deed (acreage) & no will is left, who does their portion go to?

My grandparents had a few hundred acres in Alabama that was left to my dad and brother in a tenants in common warranty deed. My dad seems to think (but I want to confirm) that when he passes away that his portion will automatically go to my mom, and if she passes then to me. There is no will (to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 25, 2020

Assuming all of the children are children of your mom and dad's marriage, when you dad dies your mother will inherit the first $50,000 of his estate and half of the rest and everything else will go to the children (all of them) in equal shares. If your mom later dies without a will her estate... Read more »

1 Answer | Asked in Estate Planning, Banking and Probate for Alabama on
Q: Coowner of savings account dies 30 days before owner dies. Coowner spouse was secondary on POA. Who gets the money now?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 6, 2020

By co-owner I am making the assumption that the account was held by two people as joint tenants with a right of survivorship. You must confirm that with the bank. If one person dies, then the money -- at law -- is the property of the other at the moment of death. I don't see from your question... Read more »

2 Answers | Asked in Contracts and Estate Planning for Alabama on
Q: I am my brother's legal guardian. He relies on Medicare to pay his nursing home. He was omitted from Dad's will.

If he receives any money Medicare will take his benefits away. Dad died without taking brother's name off insurance as beneficiary. I can disclaim his insurance benefit, but what happens to his benefit if I do? How long is any disclaimer in effect? What can I do to prevent Medicare from... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 12, 2020

You probably mean Medicaid not Medicare. The disclaimer would be considered an uncompensated transfer and your brother willl incur a penalty period. There are better ways to handle this. Consult with an elder law attorney in your area. Most likely you will be looking at a strategy that combines... Read more »

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1 Answer | Asked in Estate Planning for Alabama on
Q: after a conservator turns in detailed financial records of first year to probate court, do they have to do it forever

Will conservator be under probate court until incapacitated person dies?

Nina Whitehurst
Nina Whitehurst answered on Feb 16, 2020

Yes, that is the nature of conservatorships. Conservatorships are avoidable with proper estate planning.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Alabama...My dad passed away recently.

I could not get the information on the above line. His wife could do as she pleased with her half. She hates me so I am concerned. With dad on his morphine deathbed, she had the executor changed and I was told she could do that because once dad died it went to her. Do we have to wait until she dies... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 24, 2020

I hate to tell you this, but based upon the facts as you have related them, it is entirely possible that you will inherit nothing if your dad left everything to his wife in his will, because now his widow can do anything she wants with your dad's estate. If he left anything to you in his... Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: My aunt died. I was POA. Her will was written 25 years ago names her brother executor. He is 88 & Lives out of state.

Will that cause a problem trying to probate the will? Does he need to be local?

Nina Whitehurst
Nina Whitehurst answered on Dec 28, 2019

If the executor named one the will is incapable or unwilling the court can appoint someone else. You can hire a probate attorney and ask the court to appoint you.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Alabama on
Q: Both my parents passed away this year. In their will I am to inherited their home which has a $40,000.00 mortgage.

I moved out of my home to care for them in 2015. I continue to live in the house while the will is being probated. I want to know who pays the mortgage, insurance, home owners association fee, lawn care, termite bond, pest control, and utility bill during this time. I live in Alabama. Thank... Read more »

Jack T. Carney
Jack T. Carney answered on Dec 16, 2019

I am sorry for your losses. It is hard to give a specific answer that you can rely upon, as some additional information is necessary. However, in general the estate will be responsible for paying for those expenses. If you continue to live in the home, the estate (through the Executor) may... Read more »

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... 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... 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 Estate Planning for Alabama on
Q: Can I cash my deceased sisters settlement check?

My sister passed in March. She didn't have and assets or children so their was no reason for a will. Yesterday I received a check made to her in a class action lawsuit. Can I do anything with it?

Nina Whitehurst
Nina Whitehurst answered on Oct 18, 2019

Unfortunately, no. You would have to follow some sort of probate procedure to get the funds transferred to her intestate heirs. The amount of class action settlement checks are normally so small that unless there are other assets, just the costs of publication (not to mention assistance of an... Read more »

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