Get free answers to your Estate Planning legal questions from lawyers in your area.
Is a power of attorney legal if it has marked thru incorrect and corrected addresses?
answered on Nov 21, 2024
To invalidate a power of attorney, you must have both facts and law on your side. Every lawyer has had a client walk in who noticed a misspelled name, incorrect address, misidentified party, incomplete description, or typo. Correcting incorrect addresses does not necessarily invalidate a signed... View More 
I am the Personal Rep for my Mom's estate in SC, where she resided. She has a will, Probate has been opened here. She has land in Mobile county, AL, (< 12 acres) the estate is small. What do I do about the AL land? I am looking for low cost solutions. How much are your fees? I live in SC also.
answered on Nov 6, 2024
What you need is something called "Ancillary Administration," which is estate administration in a second state. Look at the Will and see if there is provision for you as personal representative to open a second estate in another state. That would make things easier. Well-prepared wills... View More
Im 36 fully own a property with home and want to know the best and secure way to ensure the transfer of ownership to my daughter in the situation of my sudden demise so the property can't be legally sold or anything without my daughter being a legal adult to make her own decisions regarding... View More
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answered on Sep 27, 2024
Placing the home in a revocable living trust would work well in this situation. You retain total control during your lifetime and when you pass the house passes to a successor trustee for the benefit of your daughter. You would want to put all of your assets in the trust so they can all be managed... View More
Nephew was willed land and I was willed the right to continue to live on that land now he is trying to eject me can he do that
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answered on Jun 10, 2024
If a probated will gave him the remainder and you the life estate, then both derive title from the same instrument. And you should not lose possession. But was will probated? If not, you have no rights as nephew might be the sole heir. Hire an AL attorney to represent you.
I inherited a house from my husband. I have a deed but I have no insurance on the property nor have I worked on getting financing . It was in his name only and I’d prefer not to get a loan in my name. I’ve been keeping the payments up but since his name isn’t on anything anymore (original... View More
answered on May 3, 2024
Your late husband's house is what the lender calls "collateral." Your late husband's insurer calls him the "insured," not you. By keeping up the payments on the mortgage and the insurance, neither the lender nor the insurance will likely pay attention to you for a... View More
Probate has been opened and I’m the personal representative. My sibling took my moms car without my knowledge and won’t bring it back so that it can be sold. What are my options? Can I go and get the car? Can I withhold any money distribution until it’s brought back?
answered on Apr 12, 2024
That vehicle, if titled solely in the name of the decedent, is the estate's property. If you are personal representative, you are responsible to the estate, the court, the creditors, and the heirs to reclaim lost property. When there is no will, your duty to and supervision by the probate... View More
answered on Apr 9, 2024
A will must be probated within five years in Alabama, or cannot be probated at all; you would then have to open the estate as if there had been no will. Also, if you don't get the estate open and moving, heirs might die and debtors might file for bankruptcy. If the people actually nominated... View More
I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More
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answered on Mar 20, 2024
If you do not have a deed to you and you are not an heir, then the titled owners will probably sue your for possession. If the note is not serviced, or taxes/insurance not paid, then the lender will foreclose. You will not receive notice of the foreclosure as you are not on the note. If... View More
I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More
answered on Mar 22, 2024
Mr. Avery and Ms. Whitehurst are correct. I once opened an estate for a lady who lived in her father's house but did not have title. Eventually, the insurance found out that her father was deceased and demanded that she get title to the house or face cancellation of insurance.
Of... View More
I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More
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answered on Mar 20, 2024
Your question cannot be answered without additional information about your relationship to the borrower.
Are you a close family member that is inheriting the house? If yes, then you do not need to refinance. You just need to keep making the payments.
Are you a buyer purchasing... View More
I will get the deed to a home owned by my spouse signed over to me from his estate. However, I don’t want to go through the process of trying to refinance in my name. If his estate stays open, can I get the deed to the property but also keep the loan in his name forever? Will the mortgage company... View More
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answered on Mar 20, 2024
Under federal law the lender may NOT call the loan due and may NOT force you to refinance. As the borrower's "successor in interest" you are entitled to receive the monthly statements going forward. As long as you keep up the payments, the lender may not foreclose.
You may... View More
DURING THEIR JOINT LIVES AND UPON THE DEATH OF EITHER OF THEM, THEN TO THE
SURVIVOR OF THEM IN FEE SIMPLE AND TO THE HEIRS AND ASSIGNS OF SUCH SURVIVOR FOREVER.
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answered on Mar 5, 2024
The "upon the death of either of them" language is ambiguous. But the totality of the terms construed with the entire Deed will probably be deemed to result in the surviving life tenant's heirs getting the fee. The
Estates created in the granting clause is a little... View More
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answered on Feb 25, 2024
The statute of limitations for debts and lawsuits can vary significantly depending on the type of claim and the state in which the lawsuit is filed. Generally, for debts, statutes of limitations range from 3 to 15 years. This timeframe dictates how long a creditor has to initiate legal action to... View More
A successor trustee that's named in the wheel take over the duties and being and being appointed trustee without the courts
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answered on Feb 20, 2024
If they agree to the new Successor Trustee taking over the monies, property as Trustee, yes. Otherwise Successor Trustee has a duty to ask for a Court to appoint him as the new Trustee, with orders to any Banks. etc. to transfer to the new Trustee.
My spouse died and I was not on the loan or the deed the home. The home has a debt on it. I know I can get the deed done up, but what about the loan? I know the debt doesn’t go away and I need to figure something out about that like try to assume it if I want to stay or find a way to pay it off.... View More
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answered on Jan 31, 2024
You may be able to find a lender for a refinance, which will require you to have it of record how you own as an heir. Affidavit of Heirship and/or probate will be in order. Your credit will be involved. Once you have a source of title, you may be able to sell it subject to the secured debt.
Can an executor deposit funds into an estate account with no expectation of payment in return, giving all to the beneficiary, if there was an error ?
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answered on Jan 29, 2024
In the United States, an administrator or executor of an estate has certain fiduciary responsibilities to manage the estate's assets for the benefit of the beneficiaries. If there is a temporary need for funds within the estate, the administrator may deposit their own personal funds into the... View More
I am the executor of an estate. A beneficiary of a home (due to a person being deceased) has been granted status as successor of interest. The payments have been kept up via automatic payments under the deceased persons account. If with these circumstances, can the loan be called DUE NOW if he... View More
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answered on Jan 23, 2024
A home mortgage lender may NOT call a loan due on account of the death of the borrower if the lender has been informed that the property will be inherited by a relative. Your facts did not say whether or not this is case, but that fact is highly relevant. If a relative is the... View More
When dad died, stepmom made a verbal agreement and a verbal promise that, when she passed away, her stepdaughter would receive dad’s inheritance and her daughter would get hers. However, when she died, her daughter got everything. Stepdaughter was never told that stepmother had passed away.... View More
answered on Jan 22, 2024
No.
At best, stepdaughter might have a claim based upon promissory estoppel if she made some sort of out-of-pocket expenditure in reasonable reliance upon stepmom's verbal promise. Her measure of recovery would be limited to the out-of-pocket expense she incurred.
A will--even... View More
Late grandmother domiciled in Alabama until death. She had both UK and US assets but only a UK will leaving it to immediate family. UK courts requesting legal opinion from US solicitor before proceeding with granting probate. US court already determined UK grandchildren (last remaining immediate... View More
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answered on Jan 19, 2024
Based on the details provided, here are some pointers on obtaining a US legal opinion for this UK/US inheritance situation:
• The UK court is likely looking for confirmation from a US attorney that the Alabama will is valid and enforceable to distribute the US assets per that will's... View More
My wife passed in August 2023. She had one personal loan and two credit cards in her name only.
answered on Jan 5, 2024
This question opens other questions. The first people to call the survivors after someone dies are often credit cards servicers, who are actually the last priority for an estate administrator to pay. The highest priorities are court costs, taxes, funeral expenses, legal fees, and then secured... View More
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