Get free answers to your Probate legal questions from lawyers in your area.
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
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
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
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
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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
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."
In the state of Alabama the unclaimed property that was my deceased fathers would go to me and my brother and I've already turned in the documents needed for the claim of the unclaimed property and yet the redundancy is ridiculous of having to turn the same paperwork in multiple times and then... View More
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answered on Oct 23, 2024
I understand how frustrating it can be to go through the same paperwork multiple times, especially during such a difficult time. In Alabama, both you and your brother are considered separate claimants to your father's unclaimed property. This means each of you must individually verify your... View More
IRA 401 k retirement stock bond pension
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answered on Oct 22, 2024
Hire an AL attorney to see if Probate is needed of not. Most or all of the properties you listed should go to the designated beneficiary, and not distributed through an Estate.
I live in warrior alabama
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answered on Oct 18, 2024
The owners are probably the heirs of GrandMother. Hire a lawyer to search the title and determine heirship if you are interested in the land. The lease needs to be signed by all owners or the property manager. Any tenant in common can lease, and any tenant in common can sue you for... View More
My mother passed without a will. I am needing a official document from probate Court showing that I am owner of the property but my siblings in myself have not gone to probate court yet. How do I get the document with my name show and I on property
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answered on May 24, 2024
The heirs can record an Affidavit of Heirship, with notification of the responsible taxpayer to the taxing authorities. But you may still need to file Probate, so consult with a competent AL attorney on this title.
I have no transportation or a way to get there. I also have no one to take it down there for me.
answered on Apr 29, 2024
An Alabama attorney could answer best, but your question remains open for three weeks. In many regions, motor vehicle departments accept surrender of license plates by mail. It could be worth checking with your local state office if they offer this. Good luck
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?
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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
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.
Parents would consent
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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
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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.
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
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
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.
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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.
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
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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