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Alabama Estate Planning Questions & Answers
2 Answers | Asked in Contracts and Estate Planning for Alabama on
Q: I am my brother's legal guardian. He relies on Medicare to pay his nursing home. He was omitted from Dad's will.

If he receives any money Medicare will take his benefits away. Dad died without taking brother's name off insurance as beneficiary. I can disclaim his insurance benefit, but what happens to his benefit if I do? How long is any disclaimer in effect? What can I do to prevent Medicare from removing... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 12, 2020

You probably mean Medicaid not Medicare. The disclaimer would be considered an uncompensated transfer and your brother willl incur a penalty period. There are better ways to handle this. Consult with an elder law attorney in your area. Most likely you will be looking at a strategy that combines... Read more »

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1 Answer | Asked in Estate Planning for Alabama on
Q: after a conservator turns in detailed financial records of first year to probate court, do they have to do it forever

Will conservator be under probate court until incapacitated person dies?

Nina Whitehurst
Nina Whitehurst answered on Feb 16, 2020

Yes, that is the nature of conservatorships. Conservatorships are avoidable with proper estate planning.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Alabama...My dad passed away recently.

I could not get the information on the above line. His wife could do as she pleased with her half. She hates me so I am concerned. With dad on his morphine deathbed, she had the executor changed and I was told she could do that because once dad died it went to her. Do we have to wait until she dies... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 24, 2020

I hate to tell you this, but based upon the facts as you have related them, it is entirely possible that you will inherit nothing if your dad left everything to his wife in his will, because now his widow can do anything she wants with your dad's estate. If he left anything to you in his will,... Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: My aunt died. I was POA. Her will was written 25 years ago names her brother executor. He is 88 & Lives out of state.

Will that cause a problem trying to probate the will? Does he need to be local?

Nina Whitehurst
Nina Whitehurst answered on Dec 28, 2019

If the executor named one the will is incapable or unwilling the court can appoint someone else. You can hire a probate attorney and ask the court to appoint you.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Alabama on
Q: Both my parents passed away this year. In their will I am to inherited their home which has a $40,000.00 mortgage.

I moved out of my home to care for them in 2015. I continue to live in the house while the will is being probated. I want to know who pays the mortgage, insurance, home owners association fee, lawn care, termite bond, pest control, and utility bill during this time. I live in Alabama. Thank... Read more »

Jack T. Carney
Jack T. Carney answered on Dec 16, 2019

I am sorry for your losses. It is hard to give a specific answer that you can rely upon, as some additional information is necessary. However, in general the estate will be responsible for paying for those expenses. If you continue to live in the home, the estate (through the Executor) may... Read more »

1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Personal Injury for Alabama on
Q: In Alabama if probate closed in July 2019 shouldn’t the lawyer have disgust the money by now? And

How much money the lawyer put into his personal account? He said it was what the accident insurance paid but we never seen proof of how much

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

Your question bridges four categories and it would be best for an attorney who is knowledgeable in Estate/Probate matters to address the estate-related aspect of it. As for the personal injury-based aspect of your question, it shouldn't be a problem for an attorney who represented a plaintiff in an... Read more »

1 Answer | Asked in Estate Planning, Land Use & Zoning and Probate for Alabama on
Q: Grandma passed away no will. Just put in my father and my aunts name. My father passes and my siblings and I inherit his

House in grandmas name still. My aunt wants in her name and claims we still will inherit after she passes. But by us signing over we are giving up any right,right?

I dont believe her and she says its Alabama law no matter what?

Nina Whitehurst
Nina Whitehurst answered on Dec 6, 2019

If you put the house in your aunt's name, then she can sell it to whomever she wants or leave it to whomever she wants in her will. If you are OK with that, then go ahead and do it. If you are not OK with that, then both your grandma's estate and your father's estate need to be probated to get... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Alabama on
Q: My dad had a power of attorney over me. My grandfather left the farm to me and my dad . My dad signed me off deed and

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... Read more »

Amanda B Cook
Amanda B Cook 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... Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: Can I cash my deceased sisters settlement check?

My sister passed in March. She didn't have and assets or children so their was no reason for a will. Yesterday I received a check made to her in a class action lawsuit. Can I do anything with it?

Nina Whitehurst
Nina Whitehurst answered on Oct 18, 2019

Unfortunately, no. You would have to follow some sort of probate procedure to get the funds transferred to her intestate heirs. The amount of class action settlement checks are normally so small that unless there are other assets, just the costs of publication (not to mention assistance of an... Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: Can you have a trust document in Alabama notarized by trustee in another state?

I am in Alabama the document pertains to my Alabama property. My trustee is in Tn...can the trust be notarized in Tennessee?

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

I think you mean can the trustee's signature be notarized in another state. Yes, that is done all of the time.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My father passed away over 3 weeks ago and we have not yet recieved a death certificate. What should I do?

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.

Mr. James Parrish Coleman
Mr. James Parrish Coleman 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 against any... Read more »

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Alabama on
Q: Can my adult niece give me permission to get belongings from the property (my moms things) that lives at with my stepdad

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?

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Estate Planning for Alabama on
Q: What does term in will mean : to serve in such capacity “without making bond or accounting “
Rebecca M. Wright
Rebecca M. Wright answered on Jun 17, 2019

Any executor, devisee or legatee named in the will may probate a will. ALA. CODE § 43-2-851 requires the executor of a will to post bond. If bond is not waived in the will or if the petitioner is not named in the will as executor, then the probate court will require a bond.

In some...
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1 Answer | Asked in Estate Planning for Alabama on
Q: My widowed Mother passed away in Alabama and left 135 acres of land without a wiIl. It's still in her name.

It was understood from my Mother that it would be divided equally between us upon her death, but she did not put that in a will. There were 5 adult children when she died in 2009. My brother passed away in Dec. 2018. He leaves a wife and 3 adult children.

When the land is surveyed and... Read more »

Jack T. Carney
Jack T. Carney answered on May 16, 2019

When someone dies without a Will, assets in their name pass to their "heirs at law." The heirs at law are determined at the time of death. Further, real property (land) vests in the heirs after two years. In your hypothetical I would suggest that the property will pass in 5 shares. The share of... Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: In the state of Alabama if a person dies intestate and owns a home that is paid for, has one living son and one deceased

son who had a daughter does the living son inherit the home?

Jack T. Carney
Jack T. Carney answered on Apr 3, 2019

If a person dies intestate, that is without a Last Will and Testament, then the assets in the person's sole name pass to the "heirs at law" of that person. Assuming there is no spouse, the heirs at law are the children. If there is a deceased child, the children of that deceased child inherit the... Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: I have been living with a man for almost 2 years. We are not married. We just bought a house but I am not on the deed or

Mortgage. What will happen if he dies? Do I have any rights? I help make the mortgage pmts.

Jack T. Carney
Jack T. Carney answered on Mar 18, 2019

Your interest in the home may be at risk if he predeceases you. Further, Alabama law recently abolished common law marriage, so you would not have the protection of a spouse even if you hold yourself out as husband and wife. It would be best for you to protect your interest in the home,... Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: I am the executor of my mother's will. I am in the process of having it probated (waiting on 1 waiver)

My sister (the waiver I'm waiting on) has closed my mother's bank accounts. Sister is on the accounts but the funds are my mothers and were to be distributed according to the will. What is my legal standing?

Jack T. Carney
Jack T. Carney answered on Nov 26, 2018

The answer to your question depends on the particular facts of your situation. The issue will be whether those accounts became assets of the estate or assets of your sister at your mother's death. As Executor you will have the power and maybe even the obligation to research that issue and... Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: What is the penalty for liquidating decedents assets and distributing them according to the will w/out going through pr

without going through probate?

Frank Truncali
Frank Truncali answered on Nov 15, 2018

The problems you could have by not probating the will would be related to changing the legal ownership of certain types of assets or dealing with an heir who believes the will distribution was not handled properly. If there is any real estate in the name of the deceased, probating may be... Read more »

2 Answers | Asked in Estate Planning for Alabama on
Q: dad died. Had will with children equal beneficiaries. Recently married. No mention her in will. How is property divided?

Children are adult children from previous marriage. Current wife was never mentioned in will. Can’t find a definitive answer. One place I read wife gets first $37,000 plus half. Other place says she gets 1/3 or equal share of children.

Shane Michael Oncale
Shane Michael Oncale answered on Oct 29, 2018

This question is more proper under the heading "Estate" or "Wills and Estates" than it is under Family Law but regardless the answer to your question is not as simple as you make it out to be. You will have to sit down with an attorney to make several determinations. Under Alabama law a spouse... Read more »

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1 Answer | Asked in Estate Planning for Alabama on
Q: Estate go to wife of person who died?

My husband's brother (xxx) died February 2018, leaving 1/3 of his estate to my husband xxx. xxx passed 2 weeks ago, August 2018. The sister (executor) now says xxx's 1/3 share does not go to me as wife of xxx, but to our daughter. Is this correct, even though husband's brother, xxx, passed first?

Frank Truncali
Frank Truncali answered on Sep 5, 2018

As long as a beneficiary in a will (Chuck) survives more than five days after the death of the testator (Bill), then Chuck's interest would go into his estate. As surviving spouse it should go to you first. That is the general rule. One exception would be if Chuck had specific language in his... Read more »

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