My mother passed away this June and the lawsuit hasn't been settled and I need an executive of estate to file with home insurance and truck and would me and my sister be the beneficiary of lawsuit
answered on Dec 8, 2020
An Alabama attorney would be able to advise best, but your question remains open for two weeks. I'm very sorry for the recent loss of your mother, and earlier loss of your stepfather. You say that a wrongful death lawsuit has not been settled. It isn't clear from the facts whether a... View More 
After my father died his siblings went to the courthouse and was allowed to sign an affidavit stating that they were his only living survivors and gave them ownership of land and property without further investigating if that was true. My mother (his wife) and I. (Daughter)was forced to move from... View More
answered on Oct 20, 2020
Yes you do need a lawyer, and quickly. Call an attorney that specializes in probate or estate planning to help you. I don’t know what county you are in but there should be plenty to help.
We recently discovered that a mobile home sits on the back corner of our property we found out the owner died owing a mortgage her family informed me that they knew it was on my property due to the survey being done incorrectly but never informed us of the error can the mortgage company be held... View More
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answered on Oct 19, 2020
There is too much missing information to answer your question. You should schedule a personal consultation with an attorney to review the entire situation.
For example, a mobile home is generally considered personal property. In that case, there is nothing to prevent a lender from taking... View More
Or do we need to do legal paperwork? Can I simply be added to the deed?
answered on Oct 12, 2020
These situations can cause some unintended consequences in the event of an untimely death. I do not have enough facts to provide you specific advice, but I infer that your marriage may be later in life or even a second marriage. In those cases, if someone dies without a Will, the law in Alabama... View More
Only been married 2 years. We're both in our late 60s. Live in the house I bought 30 years ago and paid off before I ever met him. I want my house left to my two adult kids so they can sell it and split the money. All his friends and family are from another state. I'm confident when... View More
answered on Sep 5, 2020
You need a Will. In the Will you will have to leave him at least a dollar or he will be able to take a spousal share which is 50%. Go see a lawyer and make it happen. If you have a current Will that leaves the house to the kids then he will be about to take the 50%. So make sure you do this... View More
I'm the only one who tended to this land. And the other two siblings had nothing to do with my mom for the last couple years of her life
answered on Aug 26, 2020
If she died with no will, the property passes to her children. It didn’t matter that they didn’t have anything to do with her. It goes by Alabama laws of intestacy.
answered on Aug 24, 2020
Yes. I usually tell clients that a "no contest" or "in terrorem" clause is enforceable in Alabama, however, courts will strictly construe these clauses, meaning that the court will almost look for a reason not to enforce the clause if possible. Nonetheless, these clauses can... View More
Ok in 2016 I moved into my Dad’s trailer on his land which is in my dead step-mother’s name. My Dad said, This is your land now. But how is it my land if I don’t have a deed? I do pay the property tax’s on it. I hope you can help me answer my questions, I can’t stay in a run down trailer... View More
answered on Aug 15, 2020
Did your step mother have a Will leaving everything to your Dad? If she did then you can get a deed. If not, then it goes to her next of kin and 50% to your Dad. Her next of kin will be her children and if there are no children then her parents and if no parents then her brothers or sisters.... View More
My aunt opened probate on my dad estate, he had no will in Alabama. Now she is running up expenses, such as she purchased a $4000+ headstone from the estate and had a $10K funeral. All was paid from my dad's bank acct. He wanted to a military burial. Probate was open without my brother or I... View More
answered on Aug 14, 2020
I am sorry for your loss. You can always hire an attorney to file a petition to remove the Administrator and seek to recoup expenses. However, when an Administrator closes an estate he or she must get the consent of the heirs. If the heirs refuse to consent, the probate court will hold a final... View More
Does Alabama intestate code provides that the grandchildren will take equal of their grandfather's estate?
answered on Aug 14, 2020
As with most legal questions, there is a need for some additional facts before someone could give you a firm answer (e.g., time of death, type of property). In general, if a grandparent died intestate and his children survived him by more than five days, their share of his estate became a part of... View More
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
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... View More
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?
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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... View More
can i find out if she took me out of the will or if anything was left to me?
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... View More
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
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!
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... View More
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... View More
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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... View More
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... View More
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... View More
answered on May 6, 2020
If she believes you are financially exploiting the elderly, she sure can.
Girlfriend passed away and Left a handwri statement saying I could stay on her property in a house until I die
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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.
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... View More
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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... View More
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