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Alabama Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Need a lawyer to open safety bank dep. Box for deceased mother not afford 2000 retainer. Can you make referral thank you

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

Jack T. Carney
Jack T. Carney answered on Jun 18, 2020

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!

1 Answer | Asked in Probate and Estate Planning for Alabama on
Q: When someone gives away an item years before his passing; is the item subject to the deceased's previous will?

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 »

Jack T. Carney
Jack T. Carney answered on Jun 4, 2020

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 »

1 Answer | Asked in Probate for Alabama on
Q: Can a joint will In Alabama be changed or a new will be done after one spouse dies?
Nina Whitehurst
Nina Whitehurst answered on May 26, 2020

You probably have not received an answer yet because it is impossible to answer this question without reviewing the will.

1 Answer | Asked in Probate for Alabama on
Q: My mother and her husband were involved in a class action lawsuit over Chinese sheetrock. The lawsuit dated back 7 yrs+

my mother's husband died 7 years ago. This past month they finally settled and my mom received her settlement check. It's made out to her and her dead husband. So the bank won't let her deposit it. He wrote a will but it was never notarized. The bank told her to go to probate office... Read more »

Jack T. Carney
Jack T. Carney answered on May 6, 2020

In these situations his estate is entitled to the proceeds as well, therefore the bank needs a representative of his estate to sign off on the check. The general way to get a representative of an estate is to petition the local probate court to be named as the Executor (if there is a Will) or as... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant, Legal Malpractice and Probate for Alabama on
Q: Does a handwri statement have to be certified in order to make it legal.

Girlfriend passed away and Left a handwri statement saying I could stay on her property in a house until I die

Nina Whitehurst
Nina Whitehurst answered on Apr 26, 2020

The probate court would need to determine that the handwritten statement satisfies the requirements for a holographic will. You will probably need a probate attorney to help you.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: If one person passes away on a tenants in common deed (acreage) & no will is left, who does their portion go to?

My grandparents had a few hundred acres in Alabama that was left to my dad and brother in a tenants in common warranty deed. My dad seems to think (but I want to confirm) that when he passes away that his portion will automatically go to my mom, and if she passes then to me. There is no will (to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 25, 2020

Assuming all of the children are children of your mom and dad's marriage, when you dad dies your mother will inherit the first $50,000 of his estate and half of the rest and everything else will go to the children (all of them) in equal shares. If your mom later dies without a will her estate... Read more »

2 Answers | Asked in Real Estate Law and Probate for Alabama on
Q: G’mom died in Alabama. Two children: my father & his sister. My father died. Two children: me & brother. Aunt- none

How do I claim my portion of the property? My father left a will naming me and my brother as heirs. I am not sure if my grandmother, a widow, left a will. There are two houses and land. Everything is still in my grandmother’s name. My aunt stated her heirs are me, my brother and my two... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Apr 20, 2020

You need to petition the probate court for letters of administration. You will have to bonded, so go to any insurance company and get bonded before applying. Then you file in the newspaper for any creditors and wait the six months to see if there are any. After that is when you can start... Read more »

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1 Answer | Asked in Estate Planning, Banking and Probate for Alabama on
Q: Coowner of savings account dies 30 days before owner dies. Coowner spouse was secondary on POA. Who gets the money now?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 6, 2020

By co-owner I am making the assumption that the account was held by two people as joint tenants with a right of survivorship. You must confirm that with the bank. If one person dies, then the money -- at law -- is the property of the other at the moment of death. I don't see from your question... Read more »

1 Answer | Asked in Banking, Contracts and Probate for Alabama on
Q: Question about obligations as a seller in a contract for deed

I am the Executor of my fathers estate and he was the seller in a contract for deed. The 5 year contract has come to an end and the buyers bank is requesting me to fill out a Verification of Mortgage. The buyers bank told me without the VOM the underwriter will not give the buyer the loan.... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 16, 2020

You wrote "I've been advised by counsel." You are represented by a lawyer. Listen to her or him.

1 Answer | Asked in Probate for Alabama on
Q: Executor resignation

My wife is named as an executor in her late mother's will. She has done nothing in an executor capacity since her mother's death (and no one else has either) and she wants to resign as executor. Is there a form you can prepare to do this and how much would it cost?

Jack T. Carney
Jack T. Carney answered on Feb 19, 2020

An attorney would need some more information and clarification before being able to provide you with a firm answer For example, it depends on whether the estate has been opened. If opened, then she would need to file a resignation with the court and a settlement for her time as executor (which... Read more »

1 Answer | Asked in Probate for Alabama on
Q: I don't believe my mom had a will. My sister is telling me that my brother gets everything. He is selling it. help me

I just know she didn't have an ligamate will and that my brother is selling her stuff

Nina Whitehurst
Nina Whitehurst answered on Feb 15, 2020

If your mother did not have a will then, no, your brother would not get everything.

Click "Find A Lawyer" above and look for a probate attorney in your area and make an appointment. A probate attorney can help you start a intestate administration. If there does happen to be a...
Read more »

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Alabama...My dad passed away recently.

I could not get the information on the above line. His wife could do as she pleased with her half. She hates me so I am concerned. With dad on his morphine deathbed, she had the executor changed and I was told she could do that because once dad died it went to her. Do we have to wait until she dies... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 24, 2020

I hate to tell you this, but based upon the facts as you have related them, it is entirely possible that you will inherit nothing if your dad left everything to his wife in his will, because now his widow can do anything she wants with your dad's estate. If he left anything to you in his... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Probate for Alabama on
Q: Both my parents passed away this year. In their will I am to inherited their home which has a $40,000.00 mortgage.

I moved out of my home to care for them in 2015. I continue to live in the house while the will is being probated. I want to know who pays the mortgage, insurance, home owners association fee, lawn care, termite bond, pest control, and utility bill during this time. I live in Alabama. Thank... Read more »

Jack T. Carney
Jack T. Carney answered on Dec 16, 2019

I am sorry for your losses. It is hard to give a specific answer that you can rely upon, as some additional information is necessary. However, in general the estate will be responsible for paying for those expenses. If you continue to live in the home, the estate (through the Executor) may... Read more »

2 Answers | Asked in Probate for Alabama on
Q: My mom died a long time ago and willed everything to me & my brother. We didn't probate her will but paid all bills.

We now need to sell some of the inherited land that is still in Mom's name. How do we go about probating the will after so very long?

Nina Whitehurst
Nina Whitehurst answered on Dec 15, 2019

Hire a local probate attorney. Seriously. This is not a do it yourself project.

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1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Personal Injury for Alabama on
Q: In Alabama if probate closed in July 2019 shouldn’t the lawyer have disgust the money by now? And

How much money the lawyer put into his personal account? He said it was what the accident insurance paid but we never seen proof of how much

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

Your question bridges four categories and it would be best for an attorney who is knowledgeable in Estate/Probate matters to address the estate-related aspect of it. As for the personal injury-based aspect of your question, it shouldn't be a problem for an attorney who represented a plaintiff... Read more »

1 Answer | Asked in Estate Planning, Land Use & Zoning and Probate for Alabama on
Q: Grandma passed away no will. Just put in my father and my aunts name. My father passes and my siblings and I inherit his

House in grandmas name still. My aunt wants in her name and claims we still will inherit after she passes. But by us signing over we are giving up any right,right?

I dont believe her and she says its Alabama law no matter what?

Nina Whitehurst
Nina Whitehurst answered on Dec 6, 2019

If you put the house in your aunt's name, then she can sell it to whomever she wants or leave it to whomever she wants in her will. If you are OK with that, then go ahead and do it. If you are not OK with that, then both your grandma's estate and your father's estate need to be... Read more »

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: My mother passed in 2015. I've been paying the Alabama property taxes on her land since. Can i get get it in my name?

She signed a power of attorney to my sister before she died.

Amanda B Cook
Amanda B Cook answered on Nov 21, 2019

You really need to speak with an experienced real estate and/or probate attorney who can help you through the process.

If your mother passed without leaving a Will, or "died intestate", her property will pass to her heirs at law. But if there has been no probate and no one...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Alabama on
Q: My dad had a power of attorney over me. My grandfather left the farm to me and my dad . My dad signed me off deed and

Sold for 500k. He passed away and probate is still open . I know there is a 10yr limitation , however if I was home and wasnt advise about sale someone said I could file motion in probate for half of the sale price. Because a POA suppose to benefit the principle and since I was home I should have... Read more »

Amanda B Cook
Amanda B Cook answered on Nov 18, 2019

It does sound like you need to take court action and quickly, but this is not something that you can handle on your own. You really need to seek out an experienced probate and real estate attorney to help you with this matter. It will help the attorney if you first visit the probate court and... Read more »

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: The deed to our Alabama family farm lists all my siblings and my mother's name. Are we joint owners Or heir property ?
Amanda B Cook
Amanda B Cook answered on Nov 7, 2019

That's going to depend on several more factors, including who is living and deceased, and what the language of the conveyance actually says. You need to take your deed to an experienced real estate attorney who can tell you what everyone's rights and obligations are according to the deed.

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