i need help fighting for my share
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.
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
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... Read more »
and the money split between he and my mother. His name was the only one on both the deed to home and the ALTA statement and she wasn’t given a 1099. The money was split at the title office and deposited directly into the two separate accounts. How would she need to file this on her taxes?... Read more »
answered on Feb 22, 2022
You wrote that your grandmother deeded her home to your uncle, but it sounds like she did not deed 100%. If she deeded to him a co-tenancy or joint tenancy interest, that would explain why the proceeds were divided between them. However, because of the inconsistencies in the facts given, and due... Read more »
What will have to do to sell this property when she passes?
answered on Feb 16, 2022
The executor, after being appointed by the court, will need to hire an eviction attorney to help with the process of evicting your nephew.
After she passed we sold her home. (She was residing in it prior to moving into the home on my brothers property.) The will states that the proceeds from the sell of the home and personal belongings will be split between the 4 children. There are no issues with splitting the proceeds from the sell... Read more »
answered on Dec 15, 2021
Whoever has the Will must file it for Probate so that it has effect. Otherwise it means nothing. The Executor will receive Letters Testamentary which gives him authority to marshal up Estate assets, or sue/prosecute for theft. That is his job and if he does not want to do it, then ask the Court... Read more »
We have a shared checking account. In Alabama. No will, no real-estate, no investments, nothing at all but a joint checking account. No joint accounts nothing has my name on it. After the death of the other person on the checking account can any debt be collected from the checking account?
answered on Oct 7, 2021
If a creditor gets a judgment against one of the account holders, then it can be collected from any account which he has an interest in regardless of other owners. A few creditors like the IRS can levy without a judgment.
I've lived in the home have taken care an maintain all needs of home. Step dad remarried and now his new wife wants to push me out of home and sell property? Do I have any rights to do anything
answered on May 12, 2021
From your statement of facts, apparently stepdad has the title. Hire an attorney to search the title.
answered on Apr 8, 2021
Hire a competent attorney to determine heirship. He then drafts an Affidavit of Heirship to be placed of record as your (and other heirs') source of title. Send a certified copy of the recorded Affidavit to the Mortgagee.
please help
answered on Mar 18, 2021
Many times the Deed will have the preparer of the instrument on it. Sometimes the drafting attorney will notarize the grantor. So start by looking at the Deed closely. You might contact the grantor and ask him.
answered on Mar 3, 2021
Doubt the Probate has been "stopped" for any reason. Filing a Claim Against the Estate is a normal proceeding in Probate. It may be objected to or paid. If the Estate is insolvent, then the proceedings will be different, but still continue. You may wish to examine the Probate File and... Read more »
One adult child is currently living there, we are in Al and not familiar if she can get the house in her name if the 2 siblings don't contest it
answered on Feb 19, 2021
When a person dies without a Will, their assets pass to their heirs at law. In a situation where a single individual died with three children and left only a home, then that home passes in equal shares to the three children. After two years the home "vests" in the heirs and good title... Read more »
My aunt had 2 brothers and 1 sister, also all deceased. The siblings all had children. My cousin (the daughter of the sister) met with an attorney in Millbrook, who advised that since her aunt had no will, they could probate the matter using her aunt's father's Will. Her aunt's... Read more »
answered on Feb 18, 2021
You didn’t say where the probate case is, but what you need to do is hire a probate attorney there to assist you. Any attorney who says that an estate can be administered using someone else’s will is not to be trusted because that simply is not true. Do not delay because there are deadlines... Read more »
were to get it back from her. One of my brothers died in 2014 no Will and he didn't own anything(rented sec8 house, no creditcard, on disability, car was paid off, My mom paid for his funeral) so there was no probate filed by his 2 kids. 2 years ago my dad's wife (still living) signed the... Read more »
answered on Jan 18, 2021
Simply sell the real property to someone else. There may not be any title insurance available for several years on your property, even though it does not cover very many risks.
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... Read more »
I am his daughter and I live in Washington state. I never got a legal copy of the will.
At the time of my dads death the woman he was married to called me to notify me
of his death and said to me "you get something and I get all the rest."
I have no idea if the... Read more »
answered on Oct 30, 2020
Call the probate court of the county where he died and the clerk will be able to tell you if there was a Will filed and a copy of the letters testimentary or letters of administration. It may take a few days to get an answer since it’s from 1989. If there is no Will probated then File an... Read 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... Read 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.
And she further states if one of her 4 children is deceased at the time of her death\house being sold...that deceased child's portion goes elsewhere. mother's will is probated, (around January) the house sells on July 8…..judge grants permission by order dated July 30 for house to be... Read more »
answered on Oct 6, 2020
The deceased’s share will be given to his estate and then whatever his Will states as far as distribution, then that will dictate.
My bf is currently in jail for a probation violation but no one not even the judge can tell him what the violation is. The probation was in Alabama being transferred to MS fee had been paid Jan 21st he had permission to be in MS. PO told him wait on a call and never called so he started calling... Read more »
answered on Oct 2, 2020
You said probation was being transferred to MS. Until your case has officially been transferred to another state you must continue to report in Alabama. It’s probably for failure to report. But I don’t know, just guessing. The probation office in the county where he was convicted will be able... Read more »
All my father's personal belongings are in my brothers possession
answered on Sep 29, 2020
Most banks have joint with right of survivorship terms. This means that if your brother was on your fathers account, at your fathers death, the money in the account belongs to your brother, and it would not be part of your fathers estate. However if there is no Will, Alabama laws of intestatacy... Read 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... Read 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... Read more »
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