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Increase because homesteaders rights were took away even though I'm 68;but it hasn't been changed over to me. She's been dead 8-10 years now. Don't know if her will went through probate because my brother died after she did and he was executor. How do I get deed in my name or... View More 
answered on Dec 27, 2023
You will likely need to file a quiet title action to get a deed to the property. This will involve suing any person that might have an interest in the property. The other option that might be available is to go through the probate process. This would likely need be done in the county where your... View More
How do I protect my family’s estate?
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answered on Dec 25, 2023
When dealing with a lien placed on an estate due to unpaid taxes of a deceased parent, the first step is to understand the extent of the debt. You should obtain a detailed statement of the tax owed, including any penalties and interest. This information is crucial for assessing the situation... View More
I am the executor of my mothers estate. My father is the beneficiary of a home with a mortgage. He is working on assumption of the Loan but it has not happened. Initially as his power attorney, I was also communicating with the company on his behalf. For different reasons, I am considering having... View More
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answered on Dec 20, 2023
There is no need for your father to assume the loan. As the legal heir/beneficiary he can simply keep making the mortgage payments, and the lender is obligated under federal law to provide statements and other loan information to him. He is what is called a legal "successor in interest".
It is for a home loan. My father lives in the home. My mother had a Will and I am the executor of her estate. The home was left to my father in a Will. He lives there. It has a remaining balance. He is not on the deed. He is working to assume the loan because he wants to stay in the home. If he... View More
answered on Dec 13, 2023
As the executor, you have the legal authority to transfer the property to the named person as the Will states. It depends on the languagein the Will if the Estate is responsible for the debt or the person receiving the real property. You do not need Court approval to sell the property in the... View More
It is for a home loan. My father lives in the home. My mother had a Will and I am the executor of her estate. The home was left to my father in a Will. He lives there. It has a remaining balance. He is not on the deed. He is working to assume the loan because he wants to stay in the home. If he... View More
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answered on Dec 13, 2023
The debt does not just go away. One way or the other it needs to be paid. Probate is the process that gets title transferred from a decedent to the heir(s) in most states. In some states, under some circumstances, title can be updated by affidavit. Your probate attorney should be helping you with... View More
I am the executor for my mothers estate.
The home he was left to him in her Will, but it has a mortgage debt on it. Fathers name is not on deed or mortgage.
Father is trying to assume current mortgage of my mother - his deceased spouse, with the remaining balance left.
In... View More
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answered on Dec 13, 2023
If this is a house, your father does not have to assume the loan. He can just keep making the payments. If he does not keep making the payments the lender will foreclose. He does not have to assume the loan to keep making the payments. Under federal law the lender cannot call the loan due when a... View More
For mortgage assumption, who coordinates the closing and updating the deed when it is an assumption and not a “new loan.”
Is it the lender or does the buyer find their own closing attorney? This is for a mortgage on the home of a deceased person. The deceased was the only name on the... View More
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answered on Dec 13, 2023
The title (what you are calling the deed) is updated by the probate process. When approved by the court (usually), the executor signs a deed transferring title from the estate to the heir(s).
If this is a house, you should know that none of the heirs are obligated to assume the loan, but... View More
My mom died in Oct of 2023 in Alabama. She left no will and has home with mortgage. No bank account funds or estate income. She has 3 living children. The bank has been notified of her death but mortgage payments still due. Siblings are refusing to help. If appointed as personal representative,... View More
answered on Dec 4, 2023
This is not legal advice as to this specific question or case you have submitted but information I believe is relevant to your question. In situations like this an Intestate Probate of the Estate of the Decedent is needed for a personal representative to have authority to act on behalf of the... View More
Sister passed away I just need help I really need help he sold an option of our property he was the conservator of my grandmother at the time I spoke to him and tried to explain to him to sell the property or auction off the property he would not listen he told me I had nothing to do with it I was... View More
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answered on Nov 19, 2023
If your grandfather left a will that included you, your grandmother, and your sister as beneficiaries for property, it's important to understand the terms of that will and how it affects the property now. If your grandfather was the conservator of your grandmother, he would have had certain... View More
No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.
answered on Nov 15, 2023
I am not licensed in LA, so I cannot address the vehicle with any authority, though some states, such as Alabama, allow the transfer of a vehicle without the formal opening of an estate.
To lawfully transfer the Montgomery, AL real property, you would have to open an estate in the probate... View More
No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.
answered on Nov 15, 2023
In order to transfer the title to the property in Montgomery, it would be necessary to open an estate in the Montgomery County Probate Court. The person who is handling the estate must be an Alabama resident. This would not address any property located in Louisiana, however. If a family member is... View More
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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... View More
answered on Nov 15, 2023
The process to redeem the property will depend on how long it has been since the tax sale and whether a tax deed was issued. If it is less than three years, then it could be handled through the county tax assessor. If it has been more than three years, then it would require court action. My... View More
I am inquiring about the distribution of an estate located in Alabama. A man, who had a deed to his estate, married, and both he and his wife died shortly after without having any children or leaving a will. They are survived by a parent, brother, and other relatives. No relatives have any legal... View More
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answered on Apr 13, 2025
In Alabama, when both spouses die without a will and have no children, the estate is distributed based on the state's laws of intestacy. If the man who owned the estate passed first, his wife would typically inherit the estate, since Alabama law provides for a surviving spouse to inherit the... View More
I am currently renting a property managed by the daughter of the rightful owner who passed away years ago. The owner remarried after divorcing the landlord’s mother, and no written agreement or transfer of property ownership was executed in favor of the daughter. Since the owner's passing,... View More
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answered on Apr 13, 2025
In Alabama, a landlord must have legal ownership or a valid lease agreement to rent out a property. If the daughter is not the legal owner of the property, she may not have the authority to lease it or collect rent. Without a transfer of ownership or an official legal agreement in place, her... View More
My husband's father passed away, and before his passing, he gave his guns to his brother during a time when he was suicidal. The uncle now claims the firearms were gifted to him, but the executor of the estate mentioned that if there are witnesses, the guns don't belong to the estate.... View More
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answered on Apr 11, 2025
This kind of situation can be really emotional, especially when there are questions about fairness and family disagreements. If the firearms were truly gifted before your husband's father passed, they may not be part of the estate—but without written proof, it becomes a matter of testimony... View More
My father passed away in 2013 without a will, and at 19, his estate was cleared, granting me access as the sole heir. However, his family withheld a safety deposit box he had at a bank, which they cleared out shortly after his death, despite not being listed as co-signers or having legal duties... View More
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answered on Mar 24, 2025
You may have a valid legal claim regarding the safety deposit box despite the time that has passed. Your father's family members potentially committed conversion (taking property belonging to another) and breach of fiduciary duty if your aunt was handling estate matters without proper... View More
The estate was legally owned by a man who passed away without a will and had no children. His wife also died shortly thereafter, leaving behind relatives such as a mother and grandmother. The estate includes two houses, approximately 180 acres of land, and an unknown amount of money in the bank,... View More
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answered on Mar 17, 2025
A relative will need to hire an AL attorney to search the land title, and determine heirs and next of kin. Probate will probably be needed which requires an attorney and expenses including a bond.
The heir in question is the spouse of one the heirs who is deceased
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answered on Jan 10, 2025
You will probably have to ask the Court for an order to divest and convey that interest. Then the share proceeds will be held in the Court's registry account.. Hire an AL attorney.
With the court system and she didn't have a will and I'm the sole heir as I am the only surviving child of hers
answered on Nov 18, 2024
Is the deed signed, dated, and properly notarized (signed and stamped by notary public)?
If so, would anyone object to the deed's validity and claim that your mother did not actually deliver the deed to you as the new owner? Deeds need to be "signed, sealed, and delivered."
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