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My spouse passed away several years ago, and his name was the only one on the mortgage. However, the deed grants me the right of survivorship. I've kept the mortgage payments current, but I haven't yet contacted the lender. There was no will, and the estate did not go through probate. I... View More 
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answered on Apr 28, 2025
Pursuant to Federal Law, the lender can not call the loan due or declare it in default fault simply because the borrower died, when the borrower left the house to his wife. All you need to do is notify them of his death, and you can continue to make the payments on the loan. You do not have to... View More
I am the Personal Representative of an estate in Alabama. A petition was previously filed against me in probate court with libelous claims including non-communication, theft, withholding information about the estate, and obstructing the petitioner from accessing the property. I successfully... View More
answered on Mar 31, 2025
Libel is easy to commit but hard to prove, especially to prove damages. I would argue, if I were the other side's lawyer, that you won the battle, shot down their objections to your administration, and got a court order in your favor. Thus, I'd argue that your victory vindicated you so... View More
I am dealing with a complex situation involving my deceased mother's home. After her death in 2018, my stepfather passed away, and his children took over, claiming my brother and I had no rights, despite us paying property taxes on the home. The house, located in Walker County, Alabama, went... View More
answered on Mar 31, 2025
If the home was held by the married couple as "joint tenants with rights of survivorship," then your stepfather got complete ownership the day your mother died. The stepsiblings sold it and pocketed the proceeds and thank your brother cheerfully for paying the taxes. If the deed of... View More
My mom passed away, and I'm the last surviving child. She had no will, and I'm looking to keep her home. I'm still paying the mortgage monthly. There are no other family members with a claim. The property is a mobile home with 1.5 acres, located in Mobile, Alabama. What steps do I... View More
answered on Mar 31, 2025
You will likely need to open an estate in her name under the laws of "intestate succession," that is, probate for someone who died without a will. The heirship is determined by state law by these priorities: widows, orphans, surviving parents, surviving siblings, surviving nieces and... View More
I am the last surviving child and my mom passed away without a will. I am currently living in her single mobile home on 1.5 acres in Mobile, Alabama, and I am paying the mortgage monthly. My mom's name is on the mortgage and property title, and no other family members have any claim to her... View More
answered on Mar 21, 2025
When someone dies without a will, the estate is settled through the laws of intestate succession. If you were an only child, you are the sole heir if your mother died without a husband. You need a Mobile attorney to help you. The attorney would draft for you a Petition for Letters of... View More
Signature is suspect., Time line does not fit the situation.
I am the husband of the deceased.
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answered on Jan 6, 2025
In Alabama, the deadline to file a will contest in probate court is typically six months from the date the will is admitted to probate. The first question you must ask is whether a petition to admit the will to probate has been filed. Also important is whether you know of any other versions of a... View More
My husband had annuities and insurance for his adult children, and I am not sure if I am interpreting the law correctly for Alabama when it says that a spouse in Alabama cannot be left out. My husband had a will but I was not included in it. So when the law says it is impossible for the spouse to... View More
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answered on Dec 10, 2024
Hello, you are referring to the Alabama Elective Share Statute, Ala. Code § 43-8-70, et seq. When calculating the elective share, the value of the surviving spouse's separate estate is considered. This includes all property and assets that the surviving spouse owns independently of the... View More
Is a power of attorney legal if it has marked thru incorrect and corrected addresses?
answered on Nov 21, 2024
To invalidate a power of attorney, you must have both facts and law on your side. Every lawyer has had a client walk in who noticed a misspelled name, incorrect address, misidentified party, incomplete description, or typo. Correcting incorrect addresses does not necessarily invalidate a signed... View More
I am the Personal Rep for my Mom's estate in SC, where she resided. She has a will, Probate has been opened here. She has land in Mobile county, AL, (< 12 acres) the estate is small. What do I do about the AL land? I am looking for low cost solutions. How much are your fees? I live in SC also.
answered on Nov 6, 2024
What you need is something called "Ancillary Administration," which is estate administration in a second state. Look at the Will and see if there is provision for you as personal representative to open a second estate in another state. That would make things easier. Well-prepared wills... View More
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answered on Jun 29, 2024
If you're in the redemption period after a foreclosure and the new owner is refusing to accept your payment, you have several options:
1. Document everything: Keep detailed records of your attempts to make payments, including dates, times, and methods of contact.
2. Consult an... View More
answered on Jul 11, 2024
You should hire an experienced Alabama attorney to navigate the process. I do not regularly handle these matters but have done so in the past.
The code of Alabama states as follows as to your comments:
"SECTION 6-5-252 DEMAND FOR STATEMENT OF DEBT AND LAWFUL CHARGES BY PERSON... View More
The city demolished my house and did not contact me first. The house that I was in the process of refurbishing was knocked down before I was made aware. Now, I believe the city has a lien on my property for the demolition that I did not authorize. I was in the process of buying the property when... View More
answered on Jun 20, 2024
In almost all instances, the city is required to notify the "record owner" reflected in the official deed records at the address on file in the official records. If the owner moved, it is incumbent on him/her to timely change the address in the official records. If you were "in the... View More
Last week, Dr. Benesh, a neurologist at UAB, evaluated him and determined that he has capacity and can make his own decisions. Based on the social worker's lie, a conservatorship was appointed. Eventhough I have a durable POA, and the conservatorship was fraudulent. This was at the second... View More
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answered on Jun 5, 2024
To present this new evidence before the ruling on June 6, 2024, you need to act quickly. First, gather all relevant documents, including the neurologist's evaluation from Dr. Benesh, your durable Power of Attorney, and any other evidence showing your father's capacity and the... View More
Probate has been opened and I’m the personal representative. My sibling took my moms car without my knowledge and won’t bring it back so that it can be sold. What are my options? Can I go and get the car? Can I withhold any money distribution until it’s brought back?
answered on Apr 12, 2024
That vehicle, if titled solely in the name of the decedent, is the estate's property. If you are personal representative, you are responsible to the estate, the court, the creditors, and the heirs to reclaim lost property. When there is no will, your duty to and supervision by the probate... View More
answered on Apr 9, 2024
A will must be probated within five years in Alabama, or cannot be probated at all; you would then have to open the estate as if there had been no will. Also, if you don't get the estate open and moving, heirs might die and debtors might file for bankruptcy. If the people actually nominated... View More
the will reads i get it all he owed back child support
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answered on Feb 26, 2024
If you have read a Will that has been admitted to Probate, and you are a significant beneficiary, then hire an attorney to represent you. The child support will be claims against the Estate. Where is the Will? If not probated, then you need to file it. Again, hire an attorney to represent... View More
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answered on Feb 25, 2024
The statute of limitations for debts and lawsuits can vary significantly depending on the type of claim and the state in which the lawsuit is filed. Generally, for debts, statutes of limitations range from 3 to 15 years. This timeframe dictates how long a creditor has to initiate legal action to... View More
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answered on Feb 4, 2024
The duration for settling an estate when a court appoints a lawyer as executor in Alabama can vary widely based on the complexity of the estate, the assets involved, and any potential disputes among beneficiaries or creditors. There is no fixed timeframe mandated by law. However, it's... View More
My spouse died and I was not on the loan or the deed the home. The home has a debt on it. I know I can get the deed done up, but what about the loan? I know the debt doesn’t go away and I need to figure something out about that like try to assume it if I want to stay or find a way to pay it off.... View More
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answered on Jan 31, 2024
You may be able to find a lender for a refinance, which will require you to have it of record how you own as an heir. Affidavit of Heirship and/or probate will be in order. Your credit will be involved. Once you have a source of title, you may be able to sell it subject to the secured debt.
When dad died, stepmom made a verbal agreement and a verbal promise that, when she passed away, her stepdaughter would receive dad’s inheritance and her daughter would get hers. However, when she died, her daughter got everything. Stepdaughter was never told that stepmother had passed away.... View More
answered on Jan 22, 2024
No.
At best, stepdaughter might have a claim based upon promissory estoppel if she made some sort of out-of-pocket expenditure in reasonable reliance upon stepmom's verbal promise. Her measure of recovery would be limited to the out-of-pocket expense she incurred.
A will--even... View More
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