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Alabama Probate Questions & Answers
2 Answers | Asked in Probate for Alabama on
Q: how do i redeem property from tax lein
T. Augustus Claus
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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...
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1 Answer | Asked in Family Law, Child Custody and Probate for Alabama on
Q: If aunt lives in Alabama, parents and minor live in Georgia where would they file for guardianship of the minor?

Parents would consent

T. Augustus Claus
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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

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Probate for Alabama on
Q: Guardian and conservatee issues

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

William Vann Burkett
William Vann Burkett
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

2 Answers | Asked in Real Estate Law and Probate for Alabama on
Q: My Mom just passed away. She had no will and no one else on her mortgage. What happens to her mortgage?

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

James Blount Griffin
James Blount Griffin
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...
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2 Answers | Asked in Real Estate Law and Probate for Alabama on
Q: My Mom just passed away. She had no will and no one else on her mortgage. What happens to her mortgage?

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

John Michael Frick
John Michael Frick
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

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2 Answers | Asked in Estate Planning and Probate for Alabama on
Q: If you are on your single parents bank accounts in Alabama and they pass away, do you have control of their estate?
Nina Whitehurst
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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...
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2 Answers | Asked in Estate Planning and Probate for Alabama on
Q: If you are on your single parents bank accounts in Alabama and they pass away, do you have control of their estate?
James Blount Griffin
James Blount Griffin
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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3 Answers | Asked in Probate for Alabama on
Q: My Husband passed away in July 2022 with a will made to me, his spouse, I was wondering if his will needs to be probated
John Michael Frick
John Michael Frick
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

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2 Answers | Asked in Real Estate Law, Agricultural Law, Estate Planning and Probate for Alabama on
Q: Land given to me but not left in a will was sold off. Do I have rights to it since I've kept it up as mine since 2009?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Land Use & Zoning and Probate for Alabama on
Q: If I want to put a well and home on the land that my father willed to me and my siblings do I need their permission

I'm in South Carolina

Anthony M. Avery
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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

1 Answer | Asked in Family Law, Real Estate Law and Probate for Alabama on
Q: Can a property and home be sold if the deed is in someone else's name?

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.

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My husband just died and left his entire $1,000,000 life insurance policy to his sister. We have minor children.

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?

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Probate for Alabama on
Q: Mother died Jan 2023 w home in IL and AL. I am only heir (there is a will) and also executor. Went through probate in

AL but could not also afford in IL. Sent letter to mtg holder in IL saying I did not want house and they could foreclose. My name NOT on title. Can they sue me for attorney costs or any other house related costs?

Anthony M. Avery
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answered on Mar 29, 2024

This query needs to be posted in IL. But you should not have any personal liability as only being an heir. Probably should not have wrote anything to lender, but just abandoned it. Since you did, you might want to read the Deed of Trust and Note verbatim. Lender may want you to give a quit... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: I LIVE IN AL, MY WIFE PASSED IN AUGUST2023 THERE WAS NO WILL AM I RESPONSIBLE FOR MY WIFE'S PERSONAL DEBT.

MY NAME IS NOT ON ANY OF DEBT SHE CREATED. TWO OF THE DEBTS ARE CREDIT CARDS AND THE OTHER IS A PERSONAL LOAN. THE ONLY THING WE SHARED WAS A BANK ACCOUNT, HER NAME HAS BEE REMOVED, AND OTHER THING IS THE DEED TO OUR HOME WHICH HAS NO MORTGAGE.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jan 4, 2024

NO

1 Answer | Asked in Probate for Alabama on
Q: Can a conservator in Alabama resign their appointment for any reason
Anthony M. Avery
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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.

1 Answer | Asked in Criminal Law and Probate for Alabama on
Q: My husband was sentenced to 45 days in jail on July 18th but was arrested on July 14th when would his sentence start.

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.

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My mother died without a will but with hospice bill. I do not want inheritance rights to home. How do I disclaim?

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.

Nina Whitehurst
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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.

1 Answer | Asked in Probate for Alabama on
Q: In Alabama, will the value of an estate continue to change +/- while in intestate probate until the estate is settled?

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?

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: My father in law just passed away. He set it up to where on his death his 1.5 acres with his house and another

Unattached 50 acres were automatically deeded to my husband and his sister. He had a mortgage. The sister says she wants nothing to do with the house or land so my husband asked her to sign a quit claim deed so that the bank will let him redo the mortgage and pay it off. She says that it has to go... View More

Anthony M. Avery
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answered on May 1, 2023

Your statements do not make sense. However a possible solution is have an AL attorney search the title, and draft a Quit Claim Deed for the one or two tracts to be conveyed from the Sister to your Husband. Sister would not have any financial or legal obligations.

1 Answer | Asked in Probate for Alabama on
Q: What is the next action to take if one heir of seven heirs to an intestate estate in AL refuses to sign Letters of Admin

To petition the court to appoint one named heir to be administrator of the intestate estate?

Anthony M. Avery
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answered on Apr 5, 2023

Whoever wants to be the Administrator should file the Probate action and ask the Court to appoint him Administrator. All interested parties should be served so they can object. Hire an AL attorney as Probate can require complicated pleadings.

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