Land has been in my family since the 60's, my grandmother was killed in 2019 and had given me a small section of land adjoining mine back in 2009, but she never updated her will to include it as said. Her house and property was sold off in 2021. Now my yard with my kids playset, etc which... Read more »
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answered on May 2, 2023
If your grandmother gave you a piece of land, even if it was not included in her will, then legally you would have a claim to that land. However, if the property was sold without your knowledge or consent, you may need to take legal action to assert your rights to the property.
You may want... Read more »
I'm in South Carolina
answered on Mar 8, 2023
If you are a tenant in common on the property, then yes, you can improve it. But then all TICs own the improved real property, and they might partition it or hold out on any sale until they are paid alot. I advise to hire an AL attorney to search the title, determine ownership, then see if other... Read more »
people whose names on the deed are both deceased. There was no will reading, no one truly knew who it went to. It was sold recently by a family member without telling others, and then resold two weeks later to someone else.
answered on Feb 13, 2023
The actual Heirs need an AL attorney now to file suit for Ejectment. It will be difficult and expensive but the alternative is losing the property forever very quickly. A Title Search should be performed first so that all interested parties are sued.
He told me I was beneficiary. Life insurance policy was paid for 12 years from our joint account. Married over 17 years. 2 minor children. Do I have cause to contest this?
answered on Feb 4, 2023
An Alabama attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your husband and the concealment of the terms of the policy. This is posted under Bad Faith, but attorneys who practice in the Probate and Estate Planning categories might be a better... Read more »
My father passed 10 years ago. He was married at the time. I was recently contacted by my stepmom asking me to sign some papers on dads house. I just wanted to know if this means I have owner ship in the house. I thought because they were married then everything would go to her. There was not a... Read more »
answered on Sep 23, 2022
Hire an attorney to examine the Deed. Both MS and AL attorneys should be able to discern the apparent owner without a title search (assuming they are competent). You are probably an Heir At Law, and thus a Tenant In Common with the other Heirs. Do not sign anything unless you are paid... Read more »
answered on Sep 21, 2022
If you are a Next of Kin or Heir, and there are sufficient assets, then you might consider administrating the Estate as Intestate. Then there may be distributions, or you might file your own Claim. Hire a competent AL attorney.
she did not file probate when he died. We want to sell his mobile home. What do we do now?
answered on Aug 21, 2022
Some additional facts are needed before an attorney can fully answer this question. For example, is the mobile home still titled in your father's name? Does this sale involve the land that the sits on? I recommend contacting a probate attorney in your area to further discuss the next steps... Read more »
As of now we haven't found a will. Might I also add that 2 of us are grown and from a previous marriage. The other child is also grown but lived in the house with my father and stepmother.
answered on Jul 6, 2022
I’m sorry for your loss. If your father had no Will, then the estate passes by the laws of intestacy. Those laws provide that one half of the estate passes to his spouse and the other half passes to his children.
The estate does not include assets that pass automatically, such as joint... Read more »
was to be sold and split. I verbally agreed to buy the house and started living in the house before probate was closed. On April 8th, the house burned down due to hoverboard board exploding.
My question is can I sue hoverboard if the house wasn't in my name at the time of the fire or... Read more »
answered on Jul 1, 2022
The cause of action for Product Liability, Negligence, etc. is arguably personal property of the Estate. But usually the devisees own the real property when the Will is Probated. To prevent an insurance defense lawyer from dismissing the suit for lack of standing, Both Co-Executors and... Read more »
i need help fighting for my share
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.
Unattached 50 acres were automatically deeded to my husband and his sister. He had a mortgage. The sister says she wants nothing to do with the house or land so my husband asked her to sign a quit claim deed so that the bank will let him redo the mortgage and pay it off. She says that it has to go... Read more »
answered on May 1, 2023
Your statements do not make sense. However a possible solution is have an AL attorney search the title, and draft a Quit Claim Deed for the one or two tracts to be conveyed from the Sister to your Husband. Sister would not have any financial or legal obligations.
To petition the court to appoint one named heir to be administrator of the intestate estate?
answered on Apr 5, 2023
Whoever wants to be the Administrator should file the Probate action and ask the Court to appoint him Administrator. All interested parties should be served so they can object. Hire an AL attorney as Probate can require complicated pleadings.
want to leave my house to my daughter in alabama
answered on Mar 20, 2023
You probably want an AL attorney to draft an enforceable Life Estate/Remainder Deed.
It's an old estate from grandparents.
answered on Feb 2, 2023
A good start will be hiring an AL attorney to sue for an Accounting. The SOL and Discovery will be significant issues. Collection of any Judgment may also be difficult.
answered on Dec 21, 2022
An Alabama attorney could advise best, but your question remains open for three weeks. If this is about a personal injury case (the originally posted category) that involves an estate, you may want to add "Estate Planning" and "Probate" to your categories. Good luck
We closed on the sale 2 mos ago and I haven't heard from my attorney at all. Is this normal?
answered on Oct 10, 2022
No.... Go see the attorney in person. But first determine if he represented you in the first place. If not, you may have a problem with the buyer.
her parents. My father didn't transfer them over to his name. He passed in 2019. I am the executor to his estate. Problem is, she passed in Alabama and I am a resident of Virginia. We had to get a 3rd party resident of AL to handle the transfers of the oil leases to a LLC for my sister and... Read more »
answered on Jun 10, 2022
I assume that there's an attorney involved with your mother's estate? if so, speak to that attorney. if you have issues with him, then consult with another probate attorney and seek what is recommended.
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
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 »
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 »
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 »
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