Ask a Question

Get free answers to your Estate Planning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Alabama Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Am I at risk of losing a house I inherited when I have no insurance in my name and mortgage is not in my name ?

I inherited a house from my husband. I have a deed but I have no insurance on the property nor have I worked on getting financing . It was in his name only and I’d prefer not to get a loan in my name. I’ve been keeping the payments up but since his name isn’t on anything anymore (original... View More

James Blount Griffin
James Blount Griffin
answered on May 3, 2024

Your late husband's house is what the lender calls "collateral." Your late husband's insurer calls him the "insured," not you. By keeping up the payments on the mortgage and the insurance, neither the lender nor the insurance will likely pay attention to you for a... View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Mom died without a Will. She has a home with a mortgage and a car.

Probate has been opened and I’m the personal representative. My sibling took my moms car without my knowledge and won’t bring it back so that it can be sold. What are my options? Can I go and get the car? Can I withhold any money distribution until it’s brought back?

James Blount Griffin
James Blount Griffin
answered on Apr 12, 2024

That vehicle, if titled solely in the name of the decedent, is the estate's property. If you are personal representative, you are responsible to the estate, the court, the creditors, and the heirs to reclaim lost property. When there is no will, your duty to and supervision by the probate... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: How long do you have to start settling someone's estate
James Blount Griffin
James Blount Griffin
answered on Apr 9, 2024

A will must be probated within five years in Alabama, or cannot be probated at all; you would then have to open the estate as if there had been no will. Also, if you don't get the estate open and moving, heirs might die and debtors might file for bankruptcy. If the people actually nominated... View More

3 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If I get the deed to a home but don’t assume the loan of the deceased borrower, what happens?

I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024

If you do not have a deed to you and you are not an heir, then the titled owners will probably sue your for possession. If the note is not serviced, or taxes/insurance not paid, then the lender will foreclose. You will not receive notice of the foreclosure as you are not on the note. If... View More

View More Answers

3 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If I get the deed to a home but don’t assume the loan of the deceased borrower, what happens?

I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More

James Blount Griffin
James Blount Griffin
answered on Mar 22, 2024

Mr. Avery and Ms. Whitehurst are correct. I once opened an estate for a lady who lived in her father's house but did not have title. Eventually, the insurance found out that her father was deceased and demanded that she get title to the house or face cancellation of insurance.

Of...
View More

View More Answers

3 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If I get the deed to a home but don’t assume the loan of the deceased borrower, what happens?

I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024

Your question cannot be answered without additional information about your relationship to the borrower.

Are you a close family member that is inheriting the house? If yes, then you do not need to refinance. You just need to keep making the payments.

Are you a buyer purchasing...
View More

View More Answers

2 Answers | Asked in Real Estate Law and Estate Planning for Alabama on
Q: Do I have to get mortgage in my name if my spouse dies and I get the deed? They were the sole name on loan/deed.

I will get the deed to a home owned by my spouse signed over to me from his estate. However, I don’t want to go through the process of trying to refinance in my name. If his estate stays open, can I get the deed to the property but also keep the loan in his name forever? Will the mortgage company... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024

Under federal law the lender may NOT call the loan due and may NOT force you to refinance. As the borrower's "successor in interest" you are entitled to receive the monthly statements going forward. As long as you keep up the payments, the lender may not foreclose.

You may...
View More

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Need clarification on a deed between Parent and Child.

DURING THEIR JOINT LIVES AND UPON THE DEATH OF EITHER OF THEM, THEN TO THE

SURVIVOR OF THEM IN FEE SIMPLE AND TO THE HEIRS AND ASSIGNS OF SUCH SURVIVOR FOREVER.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024

The "upon the death of either of them" language is ambiguous. But the totality of the terms construed with the entire Deed will probably be deemed to result in the surviving life tenant's heirs getting the fee. The

Estates created in the granting clause is a little...
View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: USB is suing my late husband's estate and now I can't sell it. It has been 12 yrs. How long is statute of limitations?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

The statute of limitations for debts and lawsuits can vary significantly depending on the type of claim and the state in which the lawsuit is filed. Generally, for debts, statutes of limitations range from 3 to 15 years. This timeframe dictates how long a creditor has to initiate legal action to... View More

1 Answer | Asked in Estate Planning for Alabama on
Q: If a person nominated to become trustee over a trust fails to communicate with beneficiary or executor for 11 months can

A successor trustee that's named in the wheel take over the duties and being and being appointed trustee without the courts

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

If they agree to the new Successor Trustee taking over the monies, property as Trustee, yes. Otherwise Successor Trustee has a duty to ask for a Court to appoint him as the new Trustee, with orders to any Banks. etc. to transfer to the new Trustee.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: Can I take equity out of a home if I am not on the original loan or deed, but legally inherited property (home)?

My spouse died and I was not on the loan or the deed the home. The home has a debt on it. I know I can get the deed done up, but what about the loan? I know the debt doesn’t go away and I need to figure something out about that like try to assume it if I want to stay or find a way to pay it off.... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024

You may be able to find a lender for a refinance, which will require you to have it of record how you own as an heir. Affidavit of Heirship and/or probate will be in order. Your credit will be involved. Once you have a source of title, you may be able to sell it subject to the secured debt.

1 Answer | Asked in Estate Planning and Tax Law for Alabama on
Q: Can an administrator deposit a personal check (funds) made out to the estate of funds are needed? Such as $500?

Can an executor deposit funds into an estate account with no expectation of payment in return, giving all to the beneficiary, if there was an error ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

In the United States, an administrator or executor of an estate has certain fiduciary responsibilities to manage the estate's assets for the benefit of the beneficiaries. If there is a temporary need for funds within the estate, the administrator may deposit their own personal funds into the... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Alabama on
Q: Can a mortgage company call a loan due if the person who can assume the loan is being difficult or non responsive?

I am the executor of an estate. A beneficiary of a home (due to a person being deceased) has been granted status as successor of interest. The payments have been kept up via automatic payments under the deceased persons account. If with these circumstances, can the loan be called DUE NOW if he... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

A home mortgage lender may NOT call a loan due on account of the death of the borrower if the lender has been informed that the property will be inherited by a relative. Your facts did not say whether or not this is case, but that fact is highly relevant. If a relative is the... View More

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Can a verbal agreement and/or verbal promise be legally binding for a will?

When dad died, stepmom made a verbal agreement and a verbal promise that, when she passed away, her stepdaughter would receive dad’s inheritance and her daughter would get hers. However, when she died, her daughter got everything. Stepdaughter was never told that stepmother had passed away.... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

No.

At best, stepdaughter might have a claim based upon promissory estoppel if she made some sort of out-of-pocket expenditure in reasonable reliance upon stepmom's verbal promise. Her measure of recovery would be limited to the out-of-pocket expense she incurred.

A will--even...
View More

2 Answers | Asked in Estate Planning, International Law and Probate for Alabama on
Q: What does a legal opinion for the purpose of UK/US inheritance entail and what should it cost? How would we find one?

Late grandmother domiciled in Alabama until death. She had both UK and US assets but only a UK will leaving it to immediate family. UK courts requesting legal opinion from US solicitor before proceeding with granting probate. US court already determined UK grandchildren (last remaining immediate... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024

Based on the details provided, here are some pointers on obtaining a US legal opinion for this UK/US inheritance situation:

• The UK court is likely looking for confirmation from a US attorney that the Alabama will is valid and enforceable to distribute the US assets per that will's...
View More

View More Answers

1 Answer | Asked in Estate Planning, Family Law and Collections for Alabama on
Q: How should I deal with the people that call looking for the person in charge of my wife's Estate.. She had no will.

My wife passed in August 2023. She had one personal loan and two credit cards in her name only.

James Blount Griffin
James Blount Griffin
answered on Jan 5, 2024

This question opens other questions. The first people to call the survivors after someone dies are often credit cards servicers, who are actually the last priority for an estate administrator to pay. The highest priorities are court costs, taxes, funeral expenses, legal fees, and then secured... View More

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Would the executor of an estate be notified or allowed to inquire if the assumption of a mortgage was obtained or denied

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

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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".

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: On a mortgage assumption, who coordinates the updating of the deed to the home? Lender or Buyer? It’s not a new mortgage

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

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Estate Planning for Alabama on
Q: I have a buyout offer for trust and I need it reviewed and my response and counter offer reviewed

I have copy of settlement offer and my response draft and counter offer. Can someone review it and let me know if it’s adequate

Paul  Burkett
PREMIUM
Paul Burkett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023

This is not legal advice as to this specific case you have submitted but information I believe is relevant to your question. That said, you should hire a lawyer to navigate all the possibilities before you. In general, these types of cases can involve many documents. A lawyer will need all... View More

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My grandfather passed away in 2019 he left the wheel that consisted of property that he left to me my grandmother and my

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.