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Alabama Probate Questions & Answers
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 Probate for Alabama on
Q: My grandfather and his children all died intestate and his estate was not probated. The grandchildren are next-of-kin.

Do the grandchildren take equally of his estate?

Sheila Crumley Field
Sheila Crumley Field answered on Aug 14, 2020

Yes. But it will need to be probated to obtain deeds to the property.

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 »

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: I know my grandfather left me stuff in his will but my grandmother got power of attorney. how can i see the will?

can i find out if she took me out of the will or if anything was left to me?

Sheila Crumley Field
Sheila Crumley Field answered on Jul 19, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Need a lawyer to open safety bank dep. Box for deceased mother not afford 2000 retainer. Can you make referral thank you

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

Jack T. Carney
Jack T. Carney answered on Jun 18, 2020

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!

1 Answer | Asked in Probate and Estate Planning for Alabama on
Q: When someone gives away an item years before his passing; is the item subject to the deceased's previous will?

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 »

Jack T. Carney
Jack T. Carney answered on Jun 4, 2020

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 »

1 Answer | Asked in Probate for Alabama on
Q: Can a joint will In Alabama be changed or a new will be done after one spouse dies?
Nina Whitehurst
Nina Whitehurst answered on May 26, 2020

You probably have not received an answer yet because it is impossible to answer this question without reviewing the will.

1 Answer | Asked in Probate for Alabama on
Q: My mother and her husband were involved in a class action lawsuit over Chinese sheetrock. The lawsuit dated back 7 yrs+

my mother's husband died 7 years ago. This past month they finally settled and my mom received her settlement check. It's made out to her and her dead husband. So the bank won't let her deposit it. He wrote a will but it was never notarized. The bank told her to go to probate office... Read more »

Jack T. Carney
Jack T. Carney answered on May 6, 2020

In these situations his estate is entitled to the proceeds as well, therefore the bank needs a representative of his estate to sign off on the check. The general way to get a representative of an estate is to petition the local probate court to be named as the Executor (if there is a Will) or as... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant, Legal Malpractice and Probate for Alabama on
Q: Does a handwri statement have to be certified in order to make it legal.

Girlfriend passed away and Left a handwri statement saying I could stay on her property in a house until I die

Nina Whitehurst
Nina Whitehurst answered on Apr 26, 2020

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.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: If one person passes away on a tenants in common deed (acreage) & no will is left, who does their portion go to?

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 »

Nina Whitehurst
Nina Whitehurst answered on Apr 25, 2020

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 »

2 Answers | Asked in Real Estate Law and Probate for Alabama on
Q: G’mom died in Alabama. Two children: my father & his sister. My father died. Two children: me & brother. Aunt- none

How do I claim my portion of the property? My father left a will naming me and my brother as heirs. I am not sure if my grandmother, a widow, left a will. There are two houses and land. Everything is still in my grandmother’s name. My aunt stated her heirs are me, my brother and my two... Read more »

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

You need to petition the probate court for letters of administration. You will have to bonded, so go to any insurance company and get bonded before applying. Then you file in the newspaper for any creditors and wait the six months to see if there are any. After that is when you can start... Read more »

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1 Answer | Asked in Estate Planning, Banking and Probate for Alabama on
Q: Coowner of savings account dies 30 days before owner dies. Coowner spouse was secondary on POA. Who gets the money now?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 6, 2020

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 »

1 Answer | Asked in Banking, Contracts and Probate for Alabama on
Q: Question about obligations as a seller in a contract for deed

I am the Executor of my fathers estate and he was the seller in a contract for deed. The 5 year contract has come to an end and the buyers bank is requesting me to fill out a Verification of Mortgage. The buyers bank told me without the VOM the underwriter will not give the buyer the loan.... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 16, 2020

You wrote "I've been advised by counsel." You are represented by a lawyer. Listen to her or him.

1 Answer | Asked in Probate for Alabama on
Q: Executor resignation

My wife is named as an executor in her late mother's will. She has done nothing in an executor capacity since her mother's death (and no one else has either) and she wants to resign as executor. Is there a form you can prepare to do this and how much would it cost?

Jack T. Carney
Jack T. Carney answered on Feb 19, 2020

An attorney would need some more information and clarification before being able to provide you with a firm answer For example, it depends on whether the estate has been opened. If opened, then she would need to file a resignation with the court and a settlement for her time as executor (which... Read more »

1 Answer | Asked in Probate for Alabama on
Q: I don't believe my mom had a will. My sister is telling me that my brother gets everything. He is selling it. help me

I just know she didn't have an ligamate will and that my brother is selling her stuff

Nina Whitehurst
Nina Whitehurst answered on Feb 15, 2020

If your mother did not have a will then, no, your brother would not get everything.

Click "Find A Lawyer" above and look for a probate attorney in your area and make an appointment. A probate attorney can help you start a intestate administration. If there does happen to be a...
Read more »

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Alabama...My dad passed away recently.

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 »

Nina Whitehurst
Nina Whitehurst answered on Jan 24, 2020

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 »

1 Answer | Asked in Elder Law, Estate Planning and Probate for Alabama on
Q: Both my parents passed away this year. In their will I am to inherited their home which has a $40,000.00 mortgage.

I moved out of my home to care for them in 2015. I continue to live in the house while the will is being probated. I want to know who pays the mortgage, insurance, home owners association fee, lawn care, termite bond, pest control, and utility bill during this time. I live in Alabama. Thank... Read more »

Jack T. Carney
Jack T. Carney answered on Dec 16, 2019

I am sorry for your losses. It is hard to give a specific answer that you can rely upon, as some additional information is necessary. However, in general the estate will be responsible for paying for those expenses. If you continue to live in the home, the estate (through the Executor) may... Read more »

2 Answers | Asked in Probate for Alabama on
Q: My mom died a long time ago and willed everything to me & my brother. We didn't probate her will but paid all bills.

We now need to sell some of the inherited land that is still in Mom's name. How do we go about probating the will after so very long?

Nina Whitehurst
Nina Whitehurst answered on Dec 15, 2019

Hire a local probate attorney. Seriously. This is not a do it yourself project.

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1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Personal Injury for Alabama on
Q: In Alabama if probate closed in July 2019 shouldn’t the lawyer have disgust the money by now? And

How much money the lawyer put into his personal account? He said it was what the accident insurance paid but we never seen proof of how much

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

Your question bridges four categories and it would be best for an attorney who is knowledgeable in Estate/Probate matters to address the estate-related aspect of it. As for the personal injury-based aspect of your question, it shouldn't be a problem for an attorney who represented a plaintiff... Read more »

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