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She signed a power of attorney to my sister before she died.
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... View More 
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... View More
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... View More
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.
answered on Oct 28, 2019
You are asking about an involuntary commitment proceeding. I would recommend you call your local probate court and see if they have a form on hand. In my home county of Jefferson any individual can complete the appropriate form at the probate court office. Just to clarify you will want to call... View More
Mother lived & died in AL. Owning several real properties.
Will drawn up 30 days before death. (Not an Ancillary will!)
Brother mad Executor & got all property in AL. After liquidation all AL Property he now says he owns & lives on mother's land in TN. because he... View More
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answered on Oct 21, 2019
To address your concerns would require a review of facts not present in your narrative. Take a copy of your mother’s will to a Tennessee probate attorney for review. We will also need to pull a copy of the Tennessee deed.
We had been together for 3 years she been living with me the whole time rent free I'm wondering what my rights are
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answered on Oct 12, 2019
Unfortunately you have no right to inherit, and if the nonpayment of rent was by mutual agreement you can’t make a claim for rent either. This is why everyone needs an estate plan and should update it when they get engaged, married, divorced, bear children, etc.
The tax deed was held for 20 years. Upon doing the title work, it was discovered that the deed was purchased from the state of AL after the owner died with heirs. The deed-holder possessed the house as a rental. He did not contact the heirs and they did not reach-out to him. The closing attorney is... View More
answered on Sep 23, 2019
Yes, and it can fluctuate under the facts of the particular case. You should speak to an attorney experienced in both Estates and Real Estate Tax Sales.
We spoke to the funeral director and they said the physician had not signed the certificate and they were waiting on that.
Who should I call about this situation? My father had bills that are not accumulating late fees and etc and I dont know what to do.
answered on Aug 27, 2019
You should talk to an attorney and learn if it is necessary for you to open an estate for your father. You, and any of your father's other "heirs at law" (children and spouse) are not responsible for bills that he alone owes. However, those who are owed that money may have a claim... View More
My mother passed away and did not have a will. My stepdad is now saying I can not have her belongings because he is upset we don’t like his girlfriend. Can my niece who is 18 and lives on the property give me permission to get them?
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answered on Aug 25, 2019
If your niece is not an owner and doesn't have a written lease, then probably not. She is probably just a guest and guests do not have the right to invite other guests.
I claimed homestead at time of death and have been paying property tax and upkeep
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answered on Aug 24, 2019
The house is probably not your house and never has been. It probably belongs to your dad’s estate now, and the executor of the house is tasked with selling it in order to pay the debts of the decedent and distribute the remainder of his estate to the heirs according to your dad’s will or if he... View More
But when parents pass the executor dont give sibling anything and sells parents titled property. What can other sibling do in regards to parents wishes. Parents said there was a will but has not been filed with probate. What can sibling do to get their part of inheritance.
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answered on Aug 8, 2019
This is what happens when people engage in do-it-yourself estate planning. Your parents may not have understood this, but a power of attorney is automatically revoked at death and, also, it is an unusual power of attorney that DIRECTS an agent to do anything in particular. Without a will or a... View More
Who can then instigate the process to actually move forward and probate the will ?
answered on Apr 10, 2019
Depositing a will usually means delivering it to the probate court where it will be kept. It is generally deposited along with a petition to probate the will. The person named executor in the will normally starts the process. If that person is deceased, unwilling, or unable, to petition the... View More
It’s him, his brother and 3 step brothers and step mom
answered on Feb 28, 2019
The answer to your question depends on whether your father-in-law had a valid, self-proving Last Will & Testament when he died. If not, he is said to have died intestate, or with no will. In Alabama, the laws of intestacy succession come into play if there was no will.
Under the laws... View More
inherits her property.
answered on Feb 7, 2019
Alabama law provides for the disposition of an individual's property if that individual dies without a Will. It is called "intestate succession." There is a specific statute that directs the disposition of property when one dies without a Will and a spouse. I pasted a copy of it... View More
They are telling us that because they were married and jointly on the deed that her children have to sign the deed stating the house goes back to my husband who is the original owner of the home before she ever came along, he added her to the deed later. Why are we unable to sell the house without... View More
answered on Aug 28, 2018
This issue arises a lot and is usually caught by a title company when someone tries to sell a home. I cannot speak to your specific situation without seeing the deeds, but it sounds like what you are hearing is correct (even though I admit it seems terribly unfair).
When your husband... View More
I had to sign something at funeral home releasing funds to pay for her burial. I feel like my dad and my aunt are hiding something from me in a bank in Harris county. I just want my share of the inheritance. My mother passed away in 2014
answered on Aug 27, 2018
There are two ways to search for policies. The first is through the National Association of Insurance Commissioners. Their website is https://eapps.naic.org/life-policy-locator/#/welcome . They can do a search for you, but it could take up to 90 days for an answer. The second option is... View More
To clarify, she was an AL citizen when she died. No residence in TN, just a piece of land.
answered on Aug 24, 2018
It may be necessary to open two estates, unfortunately. You have to open an estate in the county where the person lived at the time of their death and then do an ancillary estate in the county where the land is located.
My brother was executor over my fathers will and we did not divide the land before the will was probated. We acquired it at the same time and just owned it jointly together, either could use it however they wanted. We just never had any reason to divide it. It was recorded in both our names... View More
answered on Aug 19, 2018
IF your father'swill was probated and the land was deeded to you and your brother, you are tenants in common in the land, in all likely-hood. Read the deed that was executed when the estate was closed. What does it say? Was an estate even opened? If not, the will is not effective. How long ago... View More
answered on Aug 18, 2018
In Alabama a witness to a Will may be a relative or beneficiary under the Will. The applicable law is found at Ala. Code section 43-8-134, which states:
(a) Any person generally competent to be a witness may act as a witness to a will.
(b) A will or any provision thereof is not... View More
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