The bankruptcy code requires a disclosure in the Statement of Financial Affairs of any assets transferred to a Trust within 10 years of the filing date for the case. I am not sure why the lawyer advised you to do this, because they can still be considered an asset of the bankruptcy estate ( a...Read more »
and the money split between he and my mother. His name was the only one on both the deed to home and the ALTA statement and she wasn’t given a 1099. The money was split at the title office and deposited directly into the two separate accounts. How would she need to file this on her taxes?... Read more »
You wrote that your grandmother deeded her home to your uncle, but it sounds like she did not deed 100%. If she deeded to him a co-tenancy or joint tenancy interest, that would explain why the proceeds were divided between them. However, because of the inconsistencies in the facts given, and due...Read more »
If your husband was a resident of Alabama at the time he signed the Will, then to be valid it must be witnessed by two people. The notary could certainly serve as one of those witnesses, but more than one witness is required.
You have not asked a question, but I assume you are asking what to do about the two nephews. You need to hire an attorney to help you determine the validity of their claims. It is likely that their claims are legitimate if they are the children of a predeceased sibling of yours. Having no will,...Read more »
A Living Trust would be one of the best simple ways for your father to set up his estate plan. The real estate would need to be transferred to the Trust and the documents would most certainly need to be prepared by an attorney. An Attorney who practices in the area of estate planning and tax law...Read more »
They have all necessary papers to prove I am personal representative. My parents’ estate is receiving stock dividend checks and the credit union is rejecting them. They refuse to deposit anything saying that I cannot transact on the account. It is difficult to get everything changed over to the... Read more »
Try contacting the issuers of the stock dividend checks and tell them that your parents are deceased. Provide death certificates and letters of administration and get them to re-issue the checks to you as PR of the estate(s) and then you can deposit the dividend checks to the estate account.
It is difficult to answer this question without seeing the instrument itself, but as a general rule an in signed POA is not valid. If your brother still has mental capacity, however, he can “sign” a new one using a legal process whereby he authorizes and directs someone else to sign for him. An...Read more »
Many times the Deed will have the preparer of the instrument on it. Sometimes the drafting attorney will notarize the grantor. So start by looking at the Deed closely. You might contact the grantor and ask him.
were to get it back from her. One of my brothers died in 2014 no Will and he didn't own anything(rented sec8 house, no creditcard, on disability, car was paid off, My mom paid for his funeral) so there was no probate filed by his 2 kids. 2 years ago my dad's wife (still living) signed the... Read more »
My dad and his ex wife got divorced before they could come to an agreement on the house. She hasn’t been in the house over 10 years. He passed away with no will in place. He has two biological children(me and my sister) and a daughter that he and his ex wife adopted. The ex wife doesn’t want to... Read more »
To evaluate this fact pattern, an attorney will need to look at your father and his ex wife's Deed. However, it sounds like she could own half or possibly even the entire property, and yes you are correct that she could evict you or petition a court for a sale of the house at any time...Read more »
An Alabama attorney would be able to advise best, but your question remains open for two weeks. I'm very sorry for the recent loss of your mother, and earlier loss of your stepfather. You say that a wrongful death lawsuit has not been settled. It isn't clear from the facts whether a...Read more »
After my father died his siblings went to the courthouse and was allowed to sign an affidavit stating that they were his only living survivors and gave them ownership of land and property without further investigating if that was true. My mother (his wife) and I. (Daughter)was forced to move from... Read more »
We recently discovered that a mobile home sits on the back corner of our property we found out the owner died owing a mortgage her family informed me that they knew it was on my property due to the survey being done incorrectly but never informed us of the error can the mortgage company be held... Read more »
These situations can cause some unintended consequences in the event of an untimely death. I do not have enough facts to provide you specific advice, but I infer that your marriage may be later in life or even a second marriage. In those cases, if someone dies without a Will, the law in Alabama...Read more »
Only been married 2 years. We're both in our late 60s. Live in the house I bought 30 years ago and paid off before I ever met him. I want my house left to my two adult kids so they can sell it and split the money. All his friends and family are from another state. I'm confident when... Read more »
You need a Will. In the Will you will have to leave him at least a dollar or he will be able to take a spousal share which is 50%. Go see a lawyer and make it happen. If you have a current Will that leaves the house to the kids then he will be about to take the 50%. So make sure you do this...Read more »
Yes. I usually tell clients that a "no contest" or "in terrorem" clause is enforceable in Alabama, however, courts will strictly construe these clauses, meaning that the court will almost look for a reason not to enforce the clause if possible. Nonetheless, these clauses can...Read more »
Ok in 2016 I moved into my Dad’s trailer on his land which is in my dead step-mother’s name. My Dad said, This is your land now. But how is it my land if I don’t have a deed? I do pay the property tax’s on it. I hope you can help me answer my questions, I can’t stay in a run down trailer... Read more »
Did your step mother have a Will leaving everything to your Dad? If she did then you can get a deed. If not, then it goes to her next of kin and 50% to your Dad. Her next of kin will be her children and if there are no children then her parents and if no parents then her brothers or sisters....Read more »
My aunt opened probate on my dad estate, he had no will in Alabama. Now she is running up expenses, such as she purchased a $4000+ headstone from the estate and had a $10K funeral. All was paid from my dad's bank acct. He wanted to a military burial. Probate was open without my brother or I... Read more »
I am sorry for your loss. You can always hire an attorney to file a petition to remove the Administrator and seek to recoup expenses. However, when an Administrator closes an estate he or she must get the consent of the heirs. If the heirs refuse to consent, the probate court will hold a final...Read more »
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