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 »
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
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.
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 »
Does Alabama intestate code provides that the grandchildren will take equal of their grandfather's estate?
As with most legal questions, there is a need for some additional facts before someone could give you a firm answer (e.g., time of death, type of property). In general, if a grandparent died intestate and his children survived him by more than five days, their share of his estate became a part of... Read more »
They was advised to serve her a 30 day written notice Which they did The utilities are listed in my name Can I legally suspend the utilities after the 30 day notice to vacate
No. You will owe her money if you do. The next step is to evict her. Go to small claims court and get the forms, file them and have her served. Once served she has 14 days to answer. After that, then you can file for a default. After that if she’s still there then ask for a writ of assistance to... Read more »
My father put the land in mine and my brothers name years ago but kept the timber/mineral rights. He has cut timber many times. Now he wants to sell the land and we don't agree. Can he sell the timber/mineral rights to someone without our knowledge? WHat happens to the land then?
If the conveyance to you and your brother is enforceable, then his reserving timber and mineral rights will also be enforceable. That could involve the entire surface of the 120 acres. You apparently state that Father owns the fee in timber and minerals, but only a life estate in the property... Read more »
can i find out if she took me out of the will or if anything was left to me?
Was the Will Probated? You can call the judge of probate in your county and find out. If there is not a will then you are out of luck. And then some people choose not to probate the will because they don’t want everyone getting their stuff. Unless you have a copy of the Will you are probably... Read more »
Thousand Dollars retainer. Is there a lawyer in mobile who can just get a court order to have box opened for a fee. Thank you
I am not sure if she would be able to help, but I would recommend Stephanie Booth. Her e-mail address is sbooth@gcelderlaw.com
Good luck!
My question is about three, irreplaceable heirloom items with no monetary value, but which my father personally entrusted to me because of their immense sentimental value. When he gave them to me (several years before he passed away); my father was emphatic about his determination for me to have... Read more »
I can provide some general information about the treatment of specific devises in a Will. You will of course need to speak with an attorney to discuss the specific application of the law to your situation (as some additional facts would be helpful in providing a final answer). First, you are... Read more »
They can't FORCE you to do so, no, but they can deny benefits until you are eligible. Do yourself a HUGE favor and schedule an appointment with an experienced elder law attorney in your area. Elder law attorneys are good at helping people attain Medicaid eligibility in the shortest amount of... Read more »
The home is in my mother's name, but I and my family live in it. Current tax appraisal of home is $49k, and Alabama Medicaid advised me to list it for $50 -55k, but $60k is still owed on the mortgage. Will they force us to continue to try and sell, even though they would get nothing, or is... Read more »
Your mom has an asset, which is the home. The mortgage may reduce the home's value to her, but it's still an asset.
There are too many unknowns that need to be looked into before you can know whether Medicaid can come after the house. One would be whether Medicaid recorded a... Read more »
If she believes you are financially exploiting the elderly, she sure can.
Girlfriend passed away and Left a handwri statement saying I could stay on her property in a house until I die
The probate court would need to determine that the handwritten statement satisfies the requirements for a holographic will. You will probably need a probate attorney to help you.
My grandparents had a few hundred acres in Alabama that was left to my dad and brother in a tenants in common warranty deed. My dad seems to think (but I want to confirm) that when he passes away that his portion will automatically go to my mom, and if she passes then to me. There is no will (to... Read more »
Assuming all of the children are children of your mom and dad's marriage, when you dad dies your mother will inherit the first $50,000 of his estate and half of the rest and everything else will go to the children (all of them) in equal shares. If your mom later dies without a will her estate... Read more »
By co-owner I am making the assumption that the account was held by two people as joint tenants with a right of survivorship. You must confirm that with the bank. If one person dies, then the money -- at law -- is the property of the other at the moment of death. I don't see from your question... Read more »
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... Read more »
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 »
Will conservator be under probate court until incapacitated person dies?
Yes, that is the nature of conservatorships. Conservatorships are avoidable with proper estate planning.
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 »
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... Read 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.
