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Alabama Probate Questions & Answers
1 Answer | Asked in Probate for Alabama on
Q: How does my family deal with my grandmother's house..she died with no will and 3 adult children...

One adult child is currently living there, we are in Al and not familiar if she can get the house in her name if the 2 siblings don't contest it

Jack T. Carney
Jack T. Carney answered on Feb 19, 2021

When a person dies without a Will, their assets pass to their heirs at law. In a situation where a single individual died with three children and left only a home, then that home passes in equal shares to the three children. After two years the home "vests" in the heirs and good title... Read more »

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: My aunt passed away recently and left no Will. She was never married and had no children.

My aunt had 2 brothers and 1 sister, also all deceased. The siblings all had children. My cousin (the daughter of the sister) met with an attorney in Millbrook, who advised that since her aunt had no will, they could probate the matter using her aunt's father's Will. Her aunt's... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 18, 2021

You didn’t say where the probate case is, but what you need to do is hire a probate attorney there to assist you. Any attorney who says that an estate can be administered using someone else’s will is not to be trusted because that simply is not true. Do not delay because there are deadlines... Read more »

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
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 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 Probate for Alabama on
Q: My dad died in 1989. There is unclaimed money and I have no copy of the will. What is my course of action?

I am his daughter and I live in Washington state. I never got a legal copy of the will.

At the time of my dads death the woman he was married to called me to notify me

of his death and said to me "you get something and I get all the rest."

I have no idea if the... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 30, 2020

Call the probate court of the county where he died and the clerk will be able to tell you if there was a Will filed and a copy of the letters testimentary or letters of administration. It may take a few days to get an answer since it’s from 1989. If there is no Will probated then File an... 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 Probate for Alabama on
Q: Mother dies in Connecticut leaving a house to her 4 children.

And she further states if one of her 4 children is deceased at the time of her death\house being sold...that deceased child's portion goes elsewhere. mother's will is probated, (around January) the house sells on July 8…..judge grants permission by order dated July 30 for house to be... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 6, 2020

The deceased’s share will be given to his estate and then whatever his Will states as far as distribution, then that will dictate.

1 Answer | Asked in Criminal Law and Probate for Alabama on
Q: In jail for a probation violation but no one can tell me what the violation is not even the judge what can I d

My bf is currently in jail for a probation violation but no one not even the judge can tell him what the violation is. The probation was in Alabama being transferred to MS fee had been paid Jan 21st he had permission to be in MS. PO told him wait on a call and never called so he started calling... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 2, 2020

You said probation was being transferred to MS. Until your case has officially been transferred to another state you must continue to report in Alabama. It’s probably for failure to report. But I don’t know, just guessing. The probation office in the county where he was convicted will be able... Read more »

1 Answer | Asked in Probate for Alabama on
Q: My brother says the money and my father's accounts ways to pay off his student loans there was no willl is this legal

All my father's personal belongings are in my brothers possession

Sheila Crumley Field
Sheila Crumley Field answered on Sep 29, 2020

Most banks have joint with right of survivorship terms. This means that if your brother was on your fathers account, at your fathers death, the money in the account belongs to your brother, and it would not be part of your fathers estate. However if there is no Will, Alabama laws of intestatacy... 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 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 »

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