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Alabama Probate Questions & Answers
1 Answer | Asked in Probate for Alabama on
Q: Executor resignation

My wife is named as an executor in her late mother's will. She has done nothing in an executor capacity since her mother's death (and no one else has either) and she wants to resign as executor. Is there a form you can prepare to do this and how much would it cost?

Jack T. Carney
Jack T. Carney answered on Feb 19, 2020

An attorney would need some more information and clarification before being able to provide you with a firm answer For example, it depends on whether the estate has been opened. If opened, then she would need to file a resignation with the court and a settlement for her time as executor (which... Read more »

1 Answer | Asked in Probate for Alabama on
Q: I don't believe my mom had a will. My sister is telling me that my brother gets everything. He is selling it. help me

I just know she didn't have an ligamate will and that my brother is selling her stuff

Nina Whitehurst
Nina Whitehurst answered on Feb 15, 2020

If your mother did not have a will then, no, your brother would not get everything.

Click "Find A Lawyer" above and look for a probate attorney in your area and make an appointment. A probate attorney can help you start a intestate administration. If there does happen to be a will, that...
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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 will,... Read more »

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 »

2 Answers | Asked in Probate for Alabama on
Q: My mom died a long time ago and willed everything to me & my brother. We didn't probate her will but paid all bills.

We now need to sell some of the inherited land that is still in Mom's name. How do we go about probating the will after so very long?

Nina Whitehurst
Nina Whitehurst answered on Dec 15, 2019

Hire a local probate attorney. Seriously. This is not a do it yourself project.

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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 in an... 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 probated to get... Read more »

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: My mother passed in 2015. I've been paying the Alabama property taxes on her land since. Can i get get it in my name?

She signed a power of attorney to my sister before she died.

Amanda B Cook
Amanda B Cook answered on Nov 21, 2019

You really need to speak with an experienced real estate and/or probate attorney who can help you through the process.

If your mother passed without leaving a Will, or "died intestate", her property will pass to her heirs at law. But if there has been no probate and no one else's name is on...
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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 Real Estate Law and Probate for Alabama on
Q: The deed to our Alabama family farm lists all my siblings and my mother's name. Are we joint owners Or heir property ?
Amanda B Cook
Amanda B Cook answered on Nov 7, 2019

That's going to depend on several more factors, including who is living and deceased, and what the language of the conveyance actually says. You need to take your deed to an experienced real estate attorney who can tell you what everyone's rights and obligations are according to the deed.

1 Answer | Asked in Family Law, Health Care Law and Probate for Alabama on
Q: What form do I use to file a motion for Alabama Code Title 22. § 22-52-1.2?
Jack T. Carney
Jack T. Carney answered on Oct 28, 2019

You are asking about an involuntary commitment proceeding. I would recommend you call your local probate court and see if they have a form on hand. In my home county of Jefferson any individual can complete the appropriate form at the probate court office. Just to clarify you will want to call... Read more »

1 Answer | Asked in Probate for Alabama on
Q: 1. Can Executor of Will in AL. (Not an Ancillary will) Live on & own land in TN by paying the property taxes.

Mother lived & died in AL. Owning several real properties.

Will drawn up 30 days before death. (Not an Ancillary will!)

Brother mad Executor & got all property in AL. After liquidation all AL Property he now says he owns & lives on mother's land in TN. because he pays property taxes... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 21, 2019

To address your concerns would require a review of facts not present in your narrative. Take a copy of your mother’s will to a Tennessee probate attorney for review. We will also need to pull a copy of the Tennessee deed.

1 Answer | Asked in Probate for Alabama on
Q: My fiance passed away and she had no will no parents no children what are my rights

We had been together for 3 years she been living with me the whole time rent free I'm wondering what my rights are

Nina Whitehurst
Nina Whitehurst answered on Oct 12, 2019

Unfortunately you have no right to inherit, and if the nonpayment of rent was by mutual agreement you can’t make a claim for rent either. This is why everyone needs an estate plan and should update it when they get engaged, married, divorced, bear children, etc.

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: Is there a time limit that heirs of a property purchased for taxes on a deed can lay claim to that property?

The tax deed was held for 20 years. Upon doing the title work, it was discovered that the deed was purchased from the state of AL after the owner died with heirs. The deed-holder possessed the house as a rental. He did not contact the heirs and they did not reach-out to him. The closing attorney is... Read more »

Amanda B Cook
Amanda B Cook answered on Sep 23, 2019

Yes, and it can fluctuate under the facts of the particular case. You should speak to an attorney experienced in both Estates and Real Estate Tax Sales.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My father passed away over 3 weeks ago and we have not yet recieved a death certificate. What should I do?

We spoke to the funeral director and they said the physician had not signed the certificate and they were waiting on that.

Who should I call about this situation? My father had bills that are not accumulating late fees and etc and I dont know what to do.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 27, 2019

You should talk to an attorney and learn if it is necessary for you to open an estate for your father. You, and any of your father's other "heirs at law" (children and spouse) are not responsible for bills that he alone owes. However, those who are owed that money may have a claim against any... Read more »

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Alabama on
Q: Can my adult niece give me permission to get belongings from the property (my moms things) that lives at with my stepdad

My mother passed away and did not have a will. My stepdad is now saying I can not have her belongings because he is upset we don’t like his girlfriend. Can my niece who is 18 and lives on the property give me permission to get them?

Nina Whitehurst
Nina Whitehurst answered on Aug 25, 2019

If your niece is not an owner and doesn't have a written lease, then probably not. She is probably just a guest and guests do not have the right to invite other guests.

1 Answer | Asked in Probate for Alabama on
Q: My dad died but I've been living in the house since a toddler. Can my siblings force sell my house if I claimed homestea

I claimed homestead at time of death and have been paying property tax and upkeep

Nina Whitehurst
Nina Whitehurst answered on Aug 24, 2019

The house is probably not your house and never has been. It probably belongs to your dad’s estate now, and the executor of the house is tasked with selling it in order to pay the debts of the decedent and distribute the remainder of his estate to the heirs according to your dad’s will or if he... Read more »

1 Answer | Asked in Probate for Alabama on
Q: If parents put their land and house in their oldest childs name and give them power of attorney to half all w. Sibling

But when parents pass the executor dont give sibling anything and sells parents titled property. What can other sibling do in regards to parents wishes. Parents said there was a will but has not been filed with probate. What can sibling do to get their part of inheritance.

Nina Whitehurst
Nina Whitehurst answered on Aug 8, 2019

This is what happens when people engage in do-it-yourself estate planning. Your parents may not have understood this, but a power of attorney is automatically revoked at death and, also, it is an unusual power of attorney that DIRECTS an agent to do anything in particular. Without a will or a... Read more »

1 Answer | Asked in Probate for Alabama on
Q: What does it mean to " Deposit a will" at Probate court ?

Who can then instigate the process to actually move forward and probate the will ?

Frank Truncali
Frank Truncali answered on Apr 10, 2019

Depositing a will usually means delivering it to the probate court where it will be kept. It is generally deposited along with a petition to probate the will. The person named executor in the will normally starts the process. If that person is deceased, unwilling, or unable, to petition the... Read more »

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