Sister passed away I just need help I really need help he sold an option of our property he was the conservator of my grandmother at the time I spoke to him and tried to explain to him to sell the property or auction off the property he would not listen he told me I had nothing to do with it I was... View More 
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answered on Nov 19, 2023
If your grandfather left a will that included you, your grandmother, and your sister as beneficiaries for property, it's important to understand the terms of that will and how it affects the property now. If your grandfather was the conservator of your grandmother, he would have had certain... View More
No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.
answered on Nov 15, 2023
I am not licensed in LA, so I cannot address the vehicle with any authority, though some states, such as Alabama, allow the transfer of a vehicle without the formal opening of an estate.
To lawfully transfer the Montgomery, AL real property, you would have to open an estate in the probate... View More
No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.
answered on Nov 15, 2023
In order to transfer the title to the property in Montgomery, it would be necessary to open an estate in the Montgomery County Probate Court. The person who is handling the estate must be an Alabama resident. This would not address any property located in Louisiana, however. If a family member is... View More
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answered on Nov 14, 2023
To redeem property from a tax lien in Alabama, you must repay the delinquent taxes, interest, and penalties in full. You must also pay a $10 redemption fee. You can pay in cash, cashier's check, or money order. You cannot pay with a personal check.
You can redeem your property anytime... View More
answered on Nov 15, 2023
The process to redeem the property will depend on how long it has been since the tax sale and whether a tax deed was issued. If it is less than three years, then it could be handled through the county tax assessor. If it has been more than three years, then it would require court action. My... View More
Parents would consent
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answered on Sep 12, 2023
In cases where the parents and the minor child reside in Georgia, and the aunt lives in Alabama, it's typically appropriate to file for guardianship in the state where the child resides, which is Georgia in this scenario. Guardianship matters are generally filed in the state where the child is... View More
Alright have a question. My dad passed away sadly in 2012 mind you I was a minor at the time I was left money as a child and my mother asked my lawyer if she could get us a house with it & so she did. She was my guardian I was the conservatee on the deed. I am now 23 years old, she has not... View More
answered on Aug 15, 2023
You likely need to contact a lawyer who can file a lawsuit to enforce the terms of the conservatorship or guardianship. A probate lawyer or general civil litigation attorney may be able to help you. While it is difficult to make a determination without a full review of all facts and circumstances... View More
The mortgage company is saying they can make me a successor of interest (her daughter). What is that and can I sell her house in the future? She had no debt except the mortgage and some back income tax. I have tried to get information from the IRS about her tax bill, but no one will help me. I am... View More
answered on Jul 27, 2023
The mortgage company would like you to assume, in writing, the liabilities of the mortgage. Don't do so unless you think it through carefully. Her estate could be squeezed by the IRS or the mortgage company, and there does not seem to be much cash.
When your mother died, all property... View More
The mortgage company is saying they can make me a successor of interest (her daughter). What is that and can I sell her house in the future? She had no debt except the mortgage and some back income tax. I have tried to get information from the IRS about her tax bill, but no one will help me. I am... View More
answered on Jul 27, 2023
If the mortgage is not paid, the mortgage company will simply foreclose on the property, sell it, and apply the proceeds to the unpaid mortgage amount. If there is a deficiency, it will submit a claim to the personal representative of your mother's estate when it is probated. If there is a... 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
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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
answered on Jun 5, 2023
It depends on the nature and extent of your husband's estate. If your husband only owned only personal property like clothes, furniture, and household items, you may not need to probate his estate. On the other hand, if he owned real estate, stocks, bonds, automobiles, or anything else with... 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
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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... View More
I'm in South Carolina
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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... View More
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.
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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.
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
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answered on Sep 11, 2023
Conservator can ask Court to relieve him of those fiduciary duties. An accounting will be necessary. He should not just walk away or will probably incur liabilities and contempt of Court.
My husband was arrested on July 14th he was sentenced on July 18th to 45 days for probation revocation in Mobile Alabama he's wondering when his actual sentence starts.
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answered on Aug 7, 2023
If he did not bail out he should get credit for time served since the arrest. This should have been addressed in Court when convicted on the 18th.
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.
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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.
There are several business in this estate that are still operating and generating cash flow. If the business continue to do well will the value of the estate continue to increase until the estate is finally settled in probate?
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answered on Jul 11, 2023
Yes that often happens. If beneficiaries of the Estate take fractions, then as of the Order of Distribution date, the assets are distributed. The new owners take their share at that time.
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