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Alabama Probate Questions & Answers
1 Answer | Asked in Family Law and Probate for Alabama on
Q: i am illigitamate first born Son. Father died 3/2018. last will and test. made NO mention of me in LWT. 1000+acrs

i need help fighting for my share

Bettie Carmack
PREMIUM
Bettie Carmack
answered on May 8, 2022

Claims against the estate generally have to be filed within 6 months of when the Letters of Administration were issued or the estate published for heirs claims. It is suggested you hire a probate attorney to determine when the estate was opened for probate.

1 Answer | Asked in Probate for Alabama on
Q: When my mom an dad died he had 3 wills all hand written none by a attorney none noterized one in 2017 one in 2019 an one

in 2020 which one of the wills is supposed to be filled there are three siblings an there is a disagreement on which will should be filled

Jack T. Carney
Jack T. Carney
answered on Feb 28, 2022

I am sorry about your family's loss. I am happy to hear that your father at least attempted to write a Will. Most people do not make that effort and it can lead to problems after death.

In order to be a valid Will in Alabama the document must be signed, dated and witnessed by two...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Alabama on
Q: My grandmother deeded her home to my uncle and is still living but in a nursing home. The home was sold and the money

and the money split between he and my mother. His name was the only one on both the deed to home and the ALTA statement and she wasn’t given a 1099. The money was split at the title office and deposited directly into the two separate accounts. How would she need to file this on her taxes?... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 22, 2022

You wrote that your grandmother deeded her home to your uncle, but it sounds like she did not deed 100%. If she deeded to him a co-tenancy or joint tenancy interest, that would explain why the proceeds were divided between them. However, because of the inconsistencies in the facts given, and due... Read more »

1 Answer | Asked in Probate for Alabama on
Q: I will inherit my mother property upon her death. paperwork was filed in probate. My nephew lives on the property.

What will have to do to sell this property when she passes?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 16, 2022

The executor, after being appointed by the court, will need to hire an eviction attorney to help with the process of evicting your nephew.

1 Answer | Asked in Probate for Alabama on
Q: My mom passed away in August 2021. She was living in a home on my brothers property for the year prior to her death.

After she passed we sold her home. (She was residing in it prior to moving into the home on my brothers property.) The will states that the proceeds from the sell of the home and personal belongings will be split between the 4 children. There are no issues with splitting the proceeds from the sell... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 15, 2021

Whoever has the Will must file it for Probate so that it has effect. Otherwise it means nothing. The Executor will receive Letters Testamentary which gives him authority to marshal up Estate assets, or sue/prosecute for theft. That is his job and if he does not want to do it, then ask the Court... Read more »

1 Answer | Asked in Collections and Probate for Alabama on
Q: Can debt be collected from my checking?

We have a shared checking account. In Alabama. No will, no real-estate, no investments, nothing at all but a joint checking account. No joint accounts nothing has my name on it. After the death of the other person on the checking account can any debt be collected from the checking account?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 7, 2021

If a creditor gets a judgment against one of the account holders, then it can be collected from any account which he has an interest in regardless of other owners. A few creditors like the IRS can levy without a judgment.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: mom passed away her name was first on the home with my step dad second She didn't have a will as her child do i get part

I've lived in the home have taken care an maintain all needs of home. Step dad remarried and now his new wife wants to push me out of home and sell property? Do I have any rights to do anything

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 12, 2021

From your statement of facts, apparently stepdad has the title. Hire an attorney to search the title.

1 Answer | Asked in Probate for Alabama on
Q: How do I get legal documents proving to the Morgage company I am the rightful Heir to a property I currently reside in?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 8, 2021

Hire a competent attorney to determine heirship. He then drafts an Affidavit of Heirship to be placed of record as your (and other heirs') source of title. Send a certified copy of the recorded Affidavit to the Mortgagee.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: need help on finding out the lawyer that my deceased mother had when the house was sign over too her

please help

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 18, 2021

Many times the Deed will have the preparer of the instrument on it. Sometimes the drafting attorney will notarize the grantor. So start by looking at the Deed closely. You might contact the grantor and ask him.

1 Answer | Asked in Probate for Alabama on
Q: I live in Alabama. Why was my sisters estate proceedings stopped in probate when a claim was filed on her estate?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 3, 2021

Doubt the Probate has been "stopped" for any reason. Filing a Claim Against the Estate is a normal proceeding in Probate. It may be objected to or paid. If the Estate is insolvent, then the proceedings will be different, but still continue. You may wish to examine the Probate File and... Read more »

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
PREMIUM
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
PREMIUM
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 »

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