My mother and father are both disabled. They own their home and land. There are two liens on their property. Can they still transfer ownership of the property to me? (I am also disabled) Will the liens apply to me in anyway? Will I have to pay them? Could I lose the property? It is my current... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023
The transfer of the property to you may trigger the liens if they are attached to the property itself. Whether you would be personally responsible for the liens would depend on various factors, including the nature of the liens and state laws. Consult with an attorney experienced in real estate and... View More
answered on Jul 25, 2023
I'm sorry that you're having an issue. I'm not sure I understand the question that you're asking so I'm going to answer as I understand it. I think you're asking how long does an executor of a will have to settle an estate and can the executor stop the other... View More
answered on Jul 10, 2023
Joint bank accounts often, but not always, have a "right of survivorship" to the account holder who survives the other. The terms of the account are in that envelope full of small print that you get when you open an account. The ownership of a bank account is often a separate issue from... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2023
Your statement of facts does not contain enough information to answer your question.
When you say you are "on" your parent's bank accounts, exactly what do you mean by "on"?
Are you a tenant in common? Joint tenant with right of survivorship? Attorney in... View More
Tuscaloosa Court House but she did not redeed it to him. There is only one sibling left and now she wants to sell the house, what can I do as the widow of the son. Does the house belong to me?
answered on Jul 4, 2023
This is a complex question. A stated intent is not enforceable. In probate and real estate law, written and notarized documents, i.e., deeds and wills, rule.
If the person whose name is on the deed as owner of the property died without a will, then the property is ruled by the laws of... View More
My mom thinks that she has to do some weird legal workaround so that when we inherit her property we won't have to lose a ton of money on inheritance. I've researched as much as I can but she's not convinced. I've looked at AL and federal tax laws and can't find anything... View More
answered on Jul 4, 2023
I will complete my answer by saying the costs and fees of inheriting property would include a good accountant, because substantial or complex property requires excellent accounting. In most cases, there would be no substantial transfer tax on inherited real estate when you record a deed in the... View More
My mom thinks that she has to do some weird legal workaround so that when we inherit her property we won't have to lose a ton of money on inheritance. I've researched as much as I can but she's not convinced. I've looked at AL and federal tax laws and can't find anything... View More
answered on Jul 4, 2023
Your mother may be worried about inheritance taxes, which are taxes on what you inherit. Fortunately, there are no federal inheritance taxes, and, just as well, there are no Alabama inheritance taxes. She will not pay taxes on what she inherits (unless, perhaps, she moves quickly to New Jersey,... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn 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... View 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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn 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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Hospice bill exceeds home value. My brother passed last month. Leaving me and sister. I did not keep close ties to anyone once I left for military service. I want nothing to do with property. How do I disclaim in writing? What facts do I state ? My Sister can have my share.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2023
Hospice bills are not subject to estate recovery, but Medicaid bills are. Make sure you understand exactly which program was paying for her care.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2023
Under Alabama's Probate Code, claimants generally have six months from the date of the first publication of notice to creditors to file their claims against an estate.
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
