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
From your statement of facts, apparently stepdad has the title. Hire an attorney to search the title.
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
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.
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
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 »
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 »
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
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 »
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 »
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 »
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 »
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
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 »
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 »
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
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.
Do the grandchildren take equally of his estate?
Yes. But it will need to be probated to obtain deeds to the property.
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... Read more »
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... Read more »
can i find out if she took me out of the will or if anything was left to me?
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... Read 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
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... Read more »
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... Read more »
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