Land has been in my family since the 60's, my grandmother was killed in 2019 and had given me a small section of land adjoining mine back in 2009, but she never updated her will to include it as said. Her house and property was sold off in 2021. Now my yard with my kids playset, etc which... Read more »
answered on May 2, 2023
If your grandmother gave you a piece of land, even if it was not included in her will, then legally you would have a claim to that land. However, if the property was sold without your knowledge or consent, you may need to take legal action to assert your rights to the property.
You may want... Read more »
He told me I was beneficiary. Life insurance policy was paid for 12 years from our joint account. Married over 17 years. 2 minor children. Do I have cause to contest this?
answered on Feb 4, 2023
An Alabama attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your husband and the concealment of the terms of the policy. This is posted under Bad Faith, but attorneys who practice in the Probate and Estate Planning categories might be a better... Read more »
Disagreement on the division of the property?
answered on Jan 31, 2023
The terms of the trust itself will address the division of the property and the Trustee is the individual or entity in charge of carrying out those wishes. Those facts will address how the situation may be resolved.
However, you may want to consider some form of alternative dispute... Read more »
answered on Sep 21, 2022
If you are a Next of Kin or Heir, and there are sufficient assets, then you might consider administrating the Estate as Intestate. Then there may be distributions, or you might file your own Claim. Hire a competent AL attorney.
They are one time shared the same address but she had recently moved out and in with her mother. Now she's claiming they were back together. And that everything is hers. What is my rights?
answered on Jun 3, 2022
If you son did not have a will, then chances are you and his father (if living) are the sole heirs of his estate. If your son had a will, then the heirs are whomever he said they are. You should contact a probate attorney for help with this before all of the assets disappear and are unrecoverable.
Unattached 50 acres were automatically deeded to my husband and his sister. He had a mortgage. The sister says she wants nothing to do with the house or land so my husband asked her to sign a quit claim deed so that the bank will let him redo the mortgage and pay it off. She says that it has to go... Read more »
answered on May 1, 2023
Your statements do not make sense. However a possible solution is have an AL attorney search the title, and draft a Quit Claim Deed for the one or two tracts to be conveyed from the Sister to your Husband. Sister would not have any financial or legal obligations.
My husbands mom is in an Alabama nursing home and is up to her teeth in debt. Will we inherit that debt?
answered on Apr 5, 2023
Hello. Thank you for your question. No. Debts do not survive after the person who created the debt passes. Best wishes to you and your family.
Step mother now pushing breach of contract also we are in bankruptcy.
answered on Mar 29, 2023
Step mother needs to be added as a creditor in bankruptcy to stop her from taking any action.
want to leave my house to my daughter in alabama
answered on Mar 20, 2023
You probably want an AL attorney to draft an enforceable Life Estate/Remainder Deed.
This is in reference to a surviving spouse of a decedent who was domiciled in Alabama, but the spouse only lived in Alabama for 5 months of 2022, and the spouse moved out of state 6 months before the person died in Nov 2022. Is the surviving spouse entitled to this homestead allowance?
answered on Mar 17, 2023
The $15,000 homestead allowance is deducted from the appraised value of the homestead before calculating the taxes owed.
The surviving spouse is entitled to this property tax allowance if the decedent was domiciled in Arkansas.
answered on Feb 23, 2023
You can design a durable power of attorney to be effective immediately, or to be effective only in the event of incapacity.
answered on Dec 21, 2022
An Alabama attorney could advise best, but your question remains open for three weeks. If this is about a personal injury case (the originally posted category) that involves an estate, you may want to add "Estate Planning" and "Probate" to your categories. Good luck
answered on Sep 13, 2022
No You may want to check the Probate File at Court. It sounds like the wife is an Administratrix/Executrix.
answered on Aug 21, 2022
Are you looking to create a trust or is this related to an existing trust?
her parents. My father didn't transfer them over to his name. He passed in 2019. I am the executor to his estate. Problem is, she passed in Alabama and I am a resident of Virginia. We had to get a 3rd party resident of AL to handle the transfers of the oil leases to a LLC for my sister and... Read more »
answered on Jun 10, 2022
I assume that there's an attorney involved with your mother's estate? if so, speak to that attorney. if you have issues with him, then consult with another probate attorney and seek what is recommended.
Come get half my money back. He’s ruined my life. I sold my house and he didn’t file my trust papers with the courts. I had to pay the closing attorney to finish it. Is this malpractice?
answered on Apr 16, 2022
The bankruptcy code requires a disclosure in the Statement of Financial Affairs of any assets transferred to a Trust within 10 years of the filing date for the case. I am not sure why the lawyer advised you to do this, because they can still be considered an asset of the bankruptcy estate ( a... Read more »
and the money split between he and my mother. His name was the only one on both the deed to home and the ALTA statement and she wasn’t given a 1099. The money was split at the title office and deposited directly into the two separate accounts. How would she need to file this on her taxes?... Read more »
answered on Feb 22, 2022
You wrote that your grandmother deeded her home to your uncle, but it sounds like she did not deed 100%. If she deeded to him a co-tenancy or joint tenancy interest, that would explain why the proceeds were divided between them. However, because of the inconsistencies in the facts given, and due... Read more »
answered on Feb 21, 2022
If your husband was a resident of Alabama at the time he signed the Will, then to be valid it must be witnessed by two people. The notary could certainly serve as one of those witnesses, but more than one witness is required.
answered on Feb 16, 2022
You have not asked a question, but I assume you are asking what to do about the two nephews. You need to hire an attorney to help you determine the validity of their claims. It is likely that their claims are legitimate if they are the children of a predeceased sibling of yours. Having no will,... Read more »
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