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Alabama Probate Questions & Answers
2 Answers | Asked in Real Estate Law, Agricultural Law, Estate Planning and Probate for Alabama on
Q: Land given to me but not left in a will was sold off. Do I have rights to it since I've kept it up as mine since 2009?

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 »

James L. Arrasmith
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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...
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1 Answer | Asked in Land Use & Zoning and Probate for Alabama on
Q: If I want to put a well and home on the land that my father willed to me and my siblings do I need their permission

I'm in South Carolina

Anthony M. Avery
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Anthony M. Avery
answered on Mar 8, 2023

If you are a tenant in common on the property, then yes, you can improve it. But then all TICs own the improved real property, and they might partition it or hold out on any sale until they are paid alot. I advise to hire an AL attorney to search the title, determine ownership, then see if other... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for Alabama on
Q: Can a property and home be sold if the deed is in someone else's name?

people whose names on the deed are both deceased. There was no will reading, no one truly knew who it went to. It was sold recently by a family member without telling others, and then resold two weeks later to someone else.

Anthony M. Avery
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Anthony M. Avery
answered on Feb 13, 2023

The actual Heirs need an AL attorney now to file suit for Ejectment. It will be difficult and expensive but the alternative is losing the property forever very quickly. A Title Search should be performed first so that all interested parties are sued.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My husband just died and left his entire $1,000,000 life insurance policy to his sister. We have minor children.

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?

Tim Akpinar
Tim Akpinar
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 »

1 Answer | Asked in Family Law and Probate for Alabama on
Q: My father passed 10 years ago do I have ownership in his house?

My father passed 10 years ago. He was married at the time. I was recently contacted by my stepmom asking me to sign some papers on dads house. I just wanted to know if this means I have owner ship in the house. I thought because they were married then everything would go to her. There was not a... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 23, 2022

Hire an attorney to examine the Deed. Both MS and AL attorneys should be able to discern the apparent owner without a title search (assuming they are competent). You are probably an Heir At Law, and thus a Tenant In Common with the other Heirs. Do not sign anything unless you are paid... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: How can I get extra money from the estate if the will was not probated
Anthony M. Avery
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Anthony M. Avery
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.

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Alabama on
Q: My father died 12 years ago. My sister paid all his debts & all taxes on his property have been paid.

she did not file probate when he died. We want to sell his mobile home. What do we do now?

Frank Truncali
Frank Truncali
answered on Aug 21, 2022

Some additional facts are needed before an attorney can fully answer this question. For example, is the mobile home still titled in your father's name? Does this sale involve the land that the sits on? I recommend contacting a probate attorney in your area to further discuss the next steps... Read more »

1 Answer | Asked in Probate for Alabama on
Q: Hello, my father was killed, He had a wife and 3 children. In this case, how is the estate usually divided?

As of now we haven't found a will. Might I also add that 2 of us are grown and from a previous marriage. The other child is also grown but lived in the house with my father and stepmother.

Jack T. Carney
Jack T. Carney
answered on Jul 6, 2022

I’m sorry for your loss. If your father had no Will, then the estate passes by the laws of intestacy. Those laws provide that one half of the estate passes to his spouse and the other half passes to his children.

The estate does not include assets that pass automatically, such as joint...
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1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Probate for Alabama on
Q: My grandmother passed away September 2021. Myself and another relative are both executors over her probate. Her house

was to be sold and split. I verbally agreed to buy the house and started living in the house before probate was closed. On April 8th, the house burned down due to hoverboard board exploding.

My question is can I sue hoverboard if the house wasn't in my name at the time of the fire or... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jul 1, 2022

The cause of action for Product Liability, Negligence, etc. is arguably personal property of the Estate. But usually the devisees own the real property when the Will is Probated. To prevent an insurance defense lawyer from dismissing the suit for lack of standing, Both Co-Executors and... Read more »

0 Answers | Asked in Family Law and Probate for Alabama on
Q: i am illigitamate first born Son. Father died 3/2018. last will and test. made NO mention of me in LWT. 1000+acrs

i need help fighting for my share

Bettie Carmack
Bettie Carmack
answered on May 8, 2022

Claims against the estate generally have to be filed within 6 months of when the Letters of Administration were issued or the estate published for heirs claims. It is suggested you hire a probate attorney to determine when the estate was opened for probate.

3 Answers | Asked in Probate for Alabama on
Q: My Husband passed away in July 2022 with a will made to me, his spouse, I was wondering if his will needs to be probated
Anthony M. Avery
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Anthony M. Avery
answered on Jun 5, 2023

You will need to consult with a competent AL attorney. Possibly very little was in your Husband's Estate, and you already own alot. Probate may be needed, OR it may not and only attract creditors.

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1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: My father in law just passed away. He set it up to where on his death his 1.5 acres with his house and another

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 »

Anthony M. Avery
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Anthony M. Avery
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.

1 Answer | Asked in Probate for Alabama on
Q: What is the next action to take if one heir of seven heirs to an intestate estate in AL refuses to sign Letters of Admin

To petition the court to appoint one named heir to be administrator of the intestate estate?

Anthony M. Avery
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Anthony M. Avery
answered on Apr 5, 2023

Whoever wants to be the Administrator should file the Probate action and ask the Court to appoint him Administrator. All interested parties should be served so they can object. Hire an AL attorney as Probate can require complicated pleadings.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: I was named in my grandfather's will and his wife is taking it to probate court why would I have to sign something
John Michael Frick
John Michael Frick
answered on Mar 20, 2023

Because you are named in your grandfather's will.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: if you set up a transfer upon death deed will that avoid probate

want to leave my house to my daughter in alabama

Anthony M. Avery
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Anthony M. Avery
answered on Mar 20, 2023

You probably want an AL attorney to draft an enforceable Life Estate/Remainder Deed.

1 Answer | Asked in Family Law, Civil Litigation and Probate for Alabama on
Q: Brother not letting me find out about royalties due me. What can I do?

It's an old estate from grandparents.

Anthony M. Avery
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Anthony M. Avery
answered on Feb 2, 2023

A good start will be hiring an AL attorney to sue for an Accounting. The SOL and Discovery will be significant issues. Collection of any Judgment may also be difficult.

1 Answer | Asked in Personal Injury, Probate and Estate Planning for Alabama on
Q: What does it mean when the Probate Judge gives a check to the paralegal in Alabama
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Probate and Real Estate Law for Alabama on
Q: How long, typically, after closing on the sale of real estate in probate does it take before the beneficiary gets paid?

We closed on the sale 2 mos ago and I haven't heard from my attorney at all. Is this normal?

Anthony M. Avery
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Anthony M. Avery
answered on Oct 10, 2022

No.... Go see the attorney in person. But first determine if he represented you in the first place. If not, you may have a problem with the buyer.

1 Answer | Asked in Estate Planning, Family Law, Energy, Oil and Gas and Probate for Alabama on
Q: My mother passed away in 2016. My father was the executor of her estate. She inherited oil leases in a few states from

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 »

Randy Bryan Ligh
Randy Bryan Ligh
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.

1 Answer | Asked in Probate for Alabama on
Q: When my mom an dad died he had 3 wills all hand written none by a attorney none noterized one in 2017 one in 2019 an one

in 2020 which one of the wills is supposed to be filled there are three siblings an there is a disagreement on which will should be filled

Jack T. Carney
Jack T. Carney
answered on Feb 28, 2022

I am sorry about your family's loss. I am happy to hear that your father at least attempted to write a Will. Most people do not make that effort and it can lead to problems after death.

In order to be a valid Will in Alabama the document must be signed, dated and witnessed by two...
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