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Alabama Probate Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Probate for Alabama on
Q: If aunt lives in Alabama, parents and minor live in Georgia where would they file for guardianship of the minor?

Parents would consent

T. Augustus Claus
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answered on Sep 12, 2023

In cases where the parents and the minor child reside in Georgia, and the aunt lives in Alabama, it's typically appropriate to file for guardianship in the state where the child resides, which is Georgia in this scenario. Guardianship matters are generally filed in the state where the child is... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Probate for Alabama on
Q: Guardian and conservatee issues

Alright have a question. My dad passed away sadly in 2012 mind you I was a minor at the time I was left money as a child and my mother asked my lawyer if she could get us a house with it & so she did. She was my guardian I was the conservatee on the deed. I am now 23 years old, she has not... View More

William Vann Burkett
William Vann Burkett
answered on Aug 15, 2023

You likely need to contact a lawyer who can file a lawsuit to enforce the terms of the conservatorship or guardianship. A probate lawyer or general civil litigation attorney may be able to help you. While it is difficult to make a determination without a full review of all facts and circumstances... View More

2 Answers | Asked in Real Estate Law and Probate for Alabama on
Q: My Mom just passed away. She had no will and no one else on her mortgage. What happens to her mortgage?

The mortgage company is saying they can make me a successor of interest (her daughter). What is that and can I sell her house in the future? She had no debt except the mortgage and some back income tax. I have tried to get information from the IRS about her tax bill, but no one will help me. I am... View More

John Michael Frick
John Michael Frick
answered on Jul 27, 2023

If the mortgage is not paid, the mortgage company will simply foreclose on the property, sell it, and apply the proceeds to the unpaid mortgage amount. If there is a deficiency, it will submit a claim to the personal representative of your mother's estate when it is probated. If there is a... View More

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2 Answers | Asked in Real Estate Law and Probate for Alabama on
Q: My Mom just passed away. She had no will and no one else on her mortgage. What happens to her mortgage?

The mortgage company is saying they can make me a successor of interest (her daughter). What is that and can I sell her house in the future? She had no debt except the mortgage and some back income tax. I have tried to get information from the IRS about her tax bill, but no one will help me. I am... View More

James Blount Griffin
James Blount Griffin
answered on Jul 27, 2023

The mortgage company would like you to assume, in writing, the liabilities of the mortgage. Don't do so unless you think it through carefully. Her estate could be squeezed by the IRS or the mortgage company, and there does not seem to be much cash.

When your mother died, all property...
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2 Answers | Asked in Estate Planning and Probate for Alabama on
Q: If you are on your single parents bank accounts in Alabama and they pass away, do you have control of their estate?
James Blount Griffin
James Blount Griffin
answered on Jul 10, 2023

Joint bank accounts often, but not always, have a "right of survivorship" to the account holder who survives the other. The terms of the account are in that envelope full of small print that you get when you open an account. The ownership of a bank account is often a separate issue from... View More

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2 Answers | Asked in Estate Planning and Probate for Alabama on
Q: If you are on your single parents bank accounts in Alabama and they pass away, do you have control of their estate?
Nina Whitehurst
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answered on Jul 9, 2023

Your statement of facts does not contain enough information to answer your question.

When you say you are "on" your parent's bank accounts, exactly what do you mean by "on"?

Are you a tenant in common? Joint tenant with right of survivorship? Attorney in...
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3 Answers | Asked in Probate for Alabama on
Q: My Husband passed away in July 2022 with a will made to me, his spouse, I was wondering if his will needs to be probated
John Michael Frick
John Michael Frick
answered on Jun 5, 2023

It depends on the nature and extent of your husband's estate. If your husband only owned only personal property like clothes, furniture, and household items, you may not need to probate his estate. On the other hand, if he owned real estate, stocks, bonds, automobiles, or anything else with... View More

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2 Answers | Asked in Real Estate Law, Agricultural Law, Estate Planning and Probate for Alabama on
Q: Land given to me but not left in a will was sold off. Do I have rights to it since I've kept it up as mine since 2009?

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... View More

James L. Arrasmith
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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...
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1 Answer | Asked in Land Use & Zoning and Probate for Alabama on
Q: If I want to put a well and home on the land that my father willed to me and my siblings do I need their permission

I'm in South Carolina

Anthony M. Avery
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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... View More

1 Answer | Asked in Family Law, Real Estate Law and Probate for Alabama on
Q: Can a property and home be sold if the deed is in someone else's name?

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.

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My husband just died and left his entire $1,000,000 life insurance policy to his sister. We have minor children.

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?

Tim Akpinar
Tim Akpinar
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... View More

1 Answer | Asked in Family Law and Probate for Alabama on
Q: My father passed 10 years ago do I have ownership in his house?

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... View More

Anthony M. Avery
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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... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: How can I get extra money from the estate if the will was not probated
Anthony M. Avery
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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.

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Alabama on
Q: My father died 12 years ago. My sister paid all his debts & all taxes on his property have been paid.

she did not file probate when he died. We want to sell his mobile home. What do we do now?

Frank Truncali
Frank Truncali
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... View More

1 Answer | Asked in Probate for Alabama on
Q: Hello, my father was killed, He had a wife and 3 children. In this case, how is the estate usually divided?

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.

Jack T. Carney
Jack T. Carney
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...
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1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Probate for Alabama on
Q: My grandmother passed away September 2021. Myself and another relative are both executors over her probate. Her house

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... View More

Anthony M. Avery
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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... View More

0 Answers | 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
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: Can a conservator in Alabama resign their appointment for any reason
Anthony M. Avery
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answered on Sep 11, 2023

Conservator can ask Court to relieve him of those fiduciary duties. An accounting will be necessary. He should not just walk away or will probably incur liabilities and contempt of Court.

1 Answer | Asked in Criminal Law and Probate for Alabama on
Q: My husband was sentenced to 45 days in jail on July 18th but was arrested on July 14th when would his sentence start.

My husband was arrested on July 14th he was sentenced on July 18th to 45 days for probation revocation in Mobile Alabama he's wondering when his actual sentence starts.

Anthony M. Avery
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answered on Aug 7, 2023

If he did not bail out he should get credit for time served since the arrest. This should have been addressed in Court when convicted on the 18th.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My mother died without a will but with hospice bill. I do not want inheritance rights to home. How do I disclaim?

Hospice bill exceeds home value. My brother passed last month. Leaving me and sister. I did not keep close ties to anyone once I left for military service. I want nothing to do with property. How do I disclaim in writing? What facts do I state ? My Sister can have my share.

Nina Whitehurst
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answered on Jul 26, 2023

Hospice bills are not subject to estate recovery, but Medicaid bills are. Make sure you understand exactly which program was paying for her care.

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