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 »
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 »
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 »
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 »
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 »
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.