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Alabama Estate Planning Questions & Answers
4 Answers | Asked in Bankruptcy and Estate Planning for Alabama on
Q: I had a bankruptcy lawyer to tell me to stop paying all my bills, put my houses in a trust and then tell me 4 months to

Come get half my money back. He’s ruined my life. I sold my house and he didn’t file my trust papers with the courts. I had to pay the closing attorney to finish it. Is this malpractice?

Kevin M Ryan
Kevin M Ryan
answered on Apr 16, 2022

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 »

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1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Alabama on
Q: My grandmother deeded her home to my uncle and is still living but in a nursing home. The home was sold and the money

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 »

Nina Whitehurst
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Nina Whitehurst
answered on Feb 22, 2022

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 »

1 Answer | Asked in Estate Planning for Alabama on
Q: My husbands will was notorized but not witnessed. Is it still legal? We live in Alabama
Jack T. Carney
Jack T. Carney
answered on Feb 21, 2022

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.

1 Answer | Asked in Estate Planning for Alabama on
Q: Mom didn't have a will died she said it's mine but 2 nephews trying to get half hadn't seen in 15 years
Nina Whitehurst
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Nina Whitehurst
answered on Feb 16, 2022

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 »

1 Answer | Asked in Contracts, Estate Planning, Tax Law and Real Estate Law for Alabama on
Q: My dad is downsizing and is planning to leave me and my fiance his fully paid off house. We need any advice to get start

Should we inherit or transfer deed into name and just pay the property taxes?

Kevin M Ryan
Kevin M Ryan
answered on Jan 7, 2022

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 »

1 Answer | Asked in Estate Planning for Alabama on
Q: I am the personal representative for my parents’ estate. Does their credit union have to let me transact on the account

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 »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 1, 2021

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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: mom passed away her name was first on the home with my step dad second She didn't have a will as her child do i get part

I've lived in the home have taken care an maintain all needs of home. Step dad remarried and now his new wife wants to push me out of home and sell property? Do I have any rights to do anything

Anthony M. Avery
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Anthony M. Avery
answered on May 12, 2021

From your statement of facts, apparently stepdad has the title. Hire an attorney to search the title.

2 Answers | Asked in Estate Planning for Alabama on
Q: Does a POA have to be signed to be valid? We signed the assignment section & notarized but didn't sign back page.

My brother has ALS. He cannot sign the POA back page. He signed the 1st page in 2019. It was notarized and we just simply skipped right over the back page signature. Is it valid?

Nina Whitehurst
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Nina Whitehurst
answered on Apr 6, 2021

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 »

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: need help on finding out the lawyer that my deceased mother had when the house was sign over too her

please help

Anthony M. Avery
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Anthony M. Avery
answered on Mar 18, 2021

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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: My father's Will (2004) left some property to me and 2 brothers but his wife got this property until her death then we

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 »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 18, 2021

Simply sell the real property to someone else. There may not be any title insurance available for several years on your property, even though it does not cover very many risks.

1 Answer | Asked in Real Estate Law and Estate Planning for Alabama on
Q: My dad got divorced, had no will, and passed away. His ex wife’s name is still on the house.

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 »

Amanda B Cook
Amanda B Cook
answered on Dec 18, 2020

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 »

1 Answer | Asked in Estate Planning, Personal Injury, Probate and Wrongful Death for Alabama on
Q: My stepdad of 30 years died in the pipeline explosion 2016. His wife, my mother, automatically became the executor of

My mother passed away this June and the lawsuit hasn't been settled and I need an executive of estate to file with home insurance and truck and would me and my sister be the beneficiary of lawsuit

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: How to sue a county in Alabama?

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 »

Sheila Crumley Field
Sheila Crumley Field
answered on Oct 20, 2020

Yes you do need a lawyer, and quickly. Call an attorney that specializes in probate or estate planning to help you. I don’t know what county you are in but there should be plenty to help.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Tax Law for Alabama on
Q: Owner of home died owing mortgage for a trailer that sits on my property can I claim it due to it being surveyed wrong

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 »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Oct 19, 2020

There is too much missing information to answer your question. You should schedule a personal consultation with an attorney to review the entire situation.

For example, a mobile home is generally considered personal property. In that case, there is nothing to prevent a lender from taking...
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1 Answer | Asked in Estate Planning for Alabama on
Q: My husband purchased our home 4 months before we married Do I inherit our home if he dies?

Or do we need to do legal paperwork? Can I simply be added to the deed?

Jack T. Carney
Jack T. Carney
answered on Oct 12, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: If I die first can I leave my house to my kids and exclude my spouse?

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 »

Sheila Crumley Field
Sheila Crumley Field
answered on Sep 5, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My mom died no will her property is in Probate does it make a difference I lived on the land for 28yrs

I'm the only one who tended to this land. And the other two siblings had nothing to do with my mom for the last couple years of her life

Sheila Crumley Field
Sheila Crumley Field
answered on Aug 26, 2020

If she died with no will, the property passes to her children. It didn’t matter that they didn’t have anything to do with her. It goes by Alabama laws of intestacy.

1 Answer | Asked in Estate Planning for Alabama on
Q: Can a clause be written into a will that if one of the heirs contests the will they get nothing?
Jack T. Carney
Jack T. Carney
answered on Aug 24, 2020

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 »

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Alabama on
Q: How can I get a deed for the land I live on?

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 »

Sheila Crumley Field
Sheila Crumley Field
answered on Aug 15, 2020

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 »

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Alabama on
Q: What can I do when executor is running up expenses?

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 »

Jack T. Carney
Jack T. Carney
answered on Aug 14, 2020

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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