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Alabama Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Alabama on
Q: I sold a house in Alabama to someone five years ago in a Bond for Title transaction and purchaser has died.

She was elderly and lived alone. I am waiting for her adult children to remove her belongings but am concerned they might take appliances from the house. Can I change the locks on the house and tell them that they can only take her belongings when I am present? She died two months ago, and no rent... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Mar 28, 2018

I suggest that you either post your question under the Alabama tab or better yet consult with an Alabama real estate attorney to review your documents and then get specific advice.

1 Answer | Asked in Real Estate Law, Tax Law, Family Law and Adoption for Alabama on
Q: If my mother was left property but passed before she gained ownership of the property who dose it belong to now?

Property was my grandparents,left to my mother,sold in a tax sale for pass due property taxes while in a lengthy probate case on all property of my grandparents and then she passed before claiming the property who now has the rights to claim the property also she had no will and I was adopted by my... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 25, 2018

I am assuming the property is in Alabama. The right to redeem on the property goes to the person who holds a mortgage on the property or to the person who owned the property at the time the tax sale was held. If that person has died, then the right devolves to the person's heirs at law. You... Read more »

2 Answers | Asked in Landlord - Tenant, Real Estate Law and Probate for Alabama on
Q: Before My grandmother passed away my name was added to thedeed as tenant with survivorship rights. My name isnt on loan

Is her remaining debt on the House desolved at time of her death? Am i responsible for the loan? There is no will. Her intent concerning the house is to give it to me. There is no family dispute involved. She was buying the place to help me get my first house. What steps do i need to take to keep... Read more »

Vincent Gallo
Vincent Gallo answered on Mar 19, 2018

The loan/mortgage continues to burden the house after her death.

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1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for Alabama on
Q: My husband and I built our house from scratch on his parents land. How can we show its in our name to places?

Title Deed, House or ownership?

Barbara H. Agricola
Barbara H. Agricola answered on Mar 13, 2018

you can provide the deed which shows your ownership of the property. if the parents gifted you the land for you to build your house on it, then it needs to be recorded under your name in the probate court in the county where the property is located.

1 Answer | Asked in Banking, Real Estate Law, Foreclosure and Arbitration / Mediation Law for Alabama on
Q: If a bank foreclosed on my home, can the bank hold a friend of mine (who house sits for me) liable for the loan?

My friend owns her own home. She is not on my deed.

Rafael Gil III
Rafael Gil III answered on Mar 7, 2018

No, she cannot be held liable for the loan unless she executed a loan with her name on it.....your friend is safe!!

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Real Estate Law for Alabama on
Q: how do you find municiple codes for new hope alabama

There does not seem to be any listing on city website or any transparency at all. Is it even required for a city to publicly publish city code and law and is it not against some sort of checks and balances for the city hall to charge 25 cents a sheet for any physical copy of information on such... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 4, 2018

You might call city hall...

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: If my husband does not have a will. If he dies, can his ex-wife/kids take half of what I owned before we married?

I live in Alabama. My 1st husband passed away leaving me with enough money to pay off our home, purchase a vacation home and have $60,000 in savings. He also left me several retirement pensions which I have not touched. I have remarried and my current husband is not on the deeds to the... Read more »

Jack T. Carney
Jack T. Carney answered on Mar 2, 2018

Without confirmation about how your assets are titled, I am happy to speak in general terms. First, if your husband dies before you, his ex-wife would have no claim to any assets of his estate (unless of course he agreed otherwise in a divorce agreement). The law states that if someone dies... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: I live with my ex-husband in his home In Alabama. wants to add me to the deed, with the exception that if I should ever

If I ever leave I would have no claim to property. How can we do this?

Jack T. Carney
Jack T. Carney answered on Mar 1, 2018

It might be difficult to accomplish your wishes with a deed. When I advise a client, I first try to determine what are the goals. If the purpose of adding you to the deed is to ensure you can stay in the house in the event of his death, then there may be a better way to accomplish that same... Read more »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law, Land Use & Zoning and Probate for Alabama on
Q: What rights does my husband have? What rights does the 6th kid have? Can the 6th kid stop my husband from ownership?

My husbands Grandma and Grandpa have 7 kids and 17.8 acres of land. GM, GP, and 1 kid have passed away. 5 of the remaining kids want to sell their rights to the 17.8 acres to my husband. The 6th kid does not want to sell. How does my husband go about full ownership?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 26, 2018

This is a common problem. As I understand, there are 6 heirs at law of grandparents. One child has died. If that child had any children, they have the same rights as their deceased parents. So, if all parties but one wants to sell, what to do? FIrst, the property could be sold through the estate of... Read more »

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: My father's will left his property in a trust with my brother as trustee. Three sons, two daughters. I filed a document

I filed a document giving away my rights to his estate. I discovered I am second trustee. My brother wants to resign and leave me to settle estate. Very bad blood in my family. Are my son's heirs. Can I be trustee. My brothers want to give me their shares. Sister is very angry and difficult... Read more »

Jack T. Carney
Jack T. Carney answered on Feb 22, 2018

Unfortunately there is not enough information to provide a specific answer and given all of the documents, actions and complexities, you would probably be best served by seeking the consultation of an attorney in your area. For example, whether your children are heirs to the share you refused (or... Read more »

2 Answers | Asked in Divorce, Real Estate Law and Landlord - Tenant for Alabama on
Q: Can I kick my spouse out of the house if I'm paying the bills and he isn't? But the house is under his name.
Samuel G McKerall
Samuel G McKerall answered on Feb 17, 2018

No. Not unless you sue him for divorce and win, and probably not even then. There are a lot of moving parts to a marriage, and all we can say with so few details is that the solution you would like is within the realm of possibility. You need to hire a good divorce lawyer and tell him or her... Read more »

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1 Answer | Asked in Real Estate Law, Contracts and Landlord - Tenant for Alabama on
Q: I signed a lease for a commercial business that says Month-to-month, but also states it’s a for 18 months

I signed a lease for a commercial business that says Month-to-month, but also states the term of the rental contract is a year and a half. The landlord hasn’t fixed anything that was previously wrong with the building the three months I’ve been there like he said he would in the lease. And... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 4, 2018

Your question can't be answered without reading the document. The failure to fix things, and the apparent ambiguity in the document are two separate issues. Who drafted the document? It is possible that the document is ambiguous as to the term of the lease. If so, that ambiguity would be held... Read more »

1 Answer | Asked in Elder Law, Probate and Real Estate Law for Alabama on
Q: Does a wife age 76 have a right to keep the home if spouse dies without a will and her name is not on the deed.

The home needs repairs and I can't do them without knowing if I have to go through probate

Jack T. Carney
Jack T. Carney answered on Feb 1, 2018

Speaking in general terms only, a surviving spouse would have an interest in the home of a deceased owner, as the surviving spouse would have an interest in the estate. However, depending on the family situation and the value of the home it may not be a complete 100% interest. For example, if a... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Sister had Mother deemed incompetent now she is selling off her property. Is that legal, mother is still alive???

Is there a law in the state of Alabama where the living children have first option to buy at fare market value?

My sister after having my mother and grandmother deemed incompetent a few years ago. Has started selling off the property the first property I tried to buy at fair market value... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Jan 30, 2018

If your sister is the legal guardian, then yes she can liquidate property for the benefit of the guardianship. You ask if there is a law in Alabama, related to this matter. If the property being sold is in Alabama you need to post this question in Alabama or hire an Alabama attorney to check into... Read more »

1 Answer | Asked in Estate Planning, Elder Law, Probate and Real Estate Law for Alabama on
Q: Can my grandparents deed me their home in alabama?

My grandfather just had a stroke and is in rehab. My grandmother is still at home. They owe nothing on anything they own ( house, 35 acres of land, cars ect.) They currently have Medicare and Humana but if my grandfather doesn't improve he will be admitted into a nursing home and have to apply... Read more »

Jack T. Carney
Jack T. Carney answered on Jan 29, 2018

I would caution you to consult with an elder law attorney, especially before making transfers. As you may know, should your grandfather require long-term nursing home care, Medicaid is an option (but only if his assets are at a certain level). In addition, any transfer of assets in the preceding... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: If purchase agreement is in "Legal Name LLC, D/B/A #1", can I assign/double close in "Legal Name LLC, D/B/A/ #2" ?

I am a real estate investor with a concentration in wholesale real estate. My LLC has 2 DBAs for marketing purposes and to keep sellers' & buyers' customer services separate; however, I often assign or double close on my purchase aggreements. Would it be best for me to just use my... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jan 24, 2018

If this is a Tenn. question I cannot answer.

1 Answer | Asked in Child Custody and Real Estate Law for Alabama on
Q: Can I be arrested for trespassing for going in peace to see my child, which the mother has ran off to her parents house?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jan 24, 2018

If you are on the property of another without permission you certainly can be arrested for trespass. Your remedy here is with the Court that has handled a divorce. or Child Support matter. If you are not in Court with this, you need to get there. A Court will issue an appropriate order concerning... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: My aunt signed a contract stating she'd sell her interest in my grandmothers estate to me but refused payment.

Grandmother passed away 14 years ago.My aunt/Godmother moved in to care for her.She continued living in the home until this past feburary as she passed from cancer.My Aunt MaeLene was a Godsend to me as she raised me like her own after my mom Janet her little sister(15years younger) passed when i... Read more »

Samuel G McKerall
Samuel G McKerall answered on Jan 20, 2018

You should take the contract to a good local lawyer nearby and let him or her analyze it. The sooner you can do this, the better. Contracts to sell land (or interests in land) have to have certain characteristics in order to be enforceable in a court of law. No lawyer can answer your question... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can a seller sell a mobile home that is not in their name?
Ben F Meek III
Ben F Meek III answered on Jan 9, 2018

That depends. A seller can sell an item of personal property (like a mobile home) that they do not own if, for example, the true owner appoints him or her as their agent or as attorney-in-fact (under power of attorney) with authority to sell the item for the owner. A trustee can sell property of... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: I am in Alabama, my roommate tells me he leaving tomorrow

My roommate walks in and tells me he found another place and is leaving next day and I have 48 hours to pay the utility deposits the lease is not up until March and told me when I moved in that he would be here until then. Do I have any recourse to recover half of the utility deposits? We both have... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jan 3, 2018

Are you on the lease? If not, it is his problem, not yours. Did you sign any lease? Answer some questions so someone can give you an answer to your question.

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