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Alabama Probate Questions & Answers
1 Answer | Asked in Probate for Alabama on
Q: How long does the court appointed lawyer as executor have to settle the estate of the deceased?
James L. Arrasmith
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answered on Feb 4, 2024

The duration for settling an estate when a court appoints a lawyer as executor in Alabama can vary widely based on the complexity of the estate, the assets involved, and any potential disputes among beneficiaries or creditors. There is no fixed timeframe mandated by law. However, it's... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: Can I take equity out of a home if I am not on the original loan or deed, but legally inherited property (home)?

My spouse died and I was not on the loan or the deed the home. The home has a debt on it. I know I can get the deed done up, but what about the loan? I know the debt doesn’t go away and I need to figure something out about that like try to assume it if I want to stay or find a way to pay it off.... View More

Anthony M. Avery
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answered on Jan 31, 2024

You may be able to find a lender for a refinance, which will require you to have it of record how you own as an heir. Affidavit of Heirship and/or probate will be in order. Your credit will be involved. Once you have a source of title, you may be able to sell it subject to the secured debt.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Can a verbal agreement and/or verbal promise be legally binding for a will?

When dad died, stepmom made a verbal agreement and a verbal promise that, when she passed away, her stepdaughter would receive dad’s inheritance and her daughter would get hers. However, when she died, her daughter got everything. Stepdaughter was never told that stepmother had passed away.... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

No.

At best, stepdaughter might have a claim based upon promissory estoppel if she made some sort of out-of-pocket expenditure in reasonable reliance upon stepmom's verbal promise. Her measure of recovery would be limited to the out-of-pocket expense she incurred.

A will--even...
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2 Answers | Asked in Estate Planning, International Law and Probate for Alabama on
Q: What does a legal opinion for the purpose of UK/US inheritance entail and what should it cost? How would we find one?

Late grandmother domiciled in Alabama until death. She had both UK and US assets but only a UK will leaving it to immediate family. UK courts requesting legal opinion from US solicitor before proceeding with granting probate. US court already determined UK grandchildren (last remaining immediate... View More

James L. Arrasmith
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answered on Jan 19, 2024

Based on the details provided, here are some pointers on obtaining a US legal opinion for this UK/US inheritance situation:

• The UK court is likely looking for confirmation from a US attorney that the Alabama will is valid and enforceable to distribute the US assets per that will's...
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1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: Live in my family home but never changed deed over after my mum died. Property taxes went up 600$ more this year

Increase because homesteaders rights were took away even though I'm 68;but it hasn't been changed over to me. She's been dead 8-10 years now. Don't know if her will went through probate because my brother died after she did and he was executor. How do I get deed in my name or... View More

William Vann Burkett
William Vann Burkett
answered on Dec 27, 2023

You will likely need to file a quiet title action to get a deed to the property. This will involve suing any person that might have an interest in the property. The other option that might be available is to go through the probate process. This would likely need be done in the county where your... View More

1 Answer | Asked in Tax Law and Probate for Alabama on
Q: A lien was placed on the estate for unpaid taxes of my deceased parent , what should I do?

How do I protect my family’s estate?

James L. Arrasmith
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answered on Dec 25, 2023

When dealing with a lien placed on an estate due to unpaid taxes of a deceased parent, the first step is to understand the extent of the debt. You should obtain a detailed statement of the tax owed, including any penalties and interest. This information is crucial for assessing the situation... View More

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: Would the executor of an estate be notified or allowed to inquire if the assumption of a mortgage was obtained or denied

I am the executor of my mothers estate. My father is the beneficiary of a home with a mortgage. He is working on assumption of the Loan but it has not happened. Initially as his power attorney, I was also communicating with the company on his behalf. For different reasons, I am considering having... View More

Nina Whitehurst
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answered on Dec 20, 2023

There is no need for your father to assume the loan. As the legal heir/beneficiary he can simply keep making the mortgage payments, and the lender is obligated under federal law to provide statements and other loan information to him. He is what is called a legal "successor in interest".

2 Answers | Asked in Probate for Alabama on
Q: Can a home sale be done “privately” and does it have to be approved by probate court ? What about loan assumptions?

It is for a home loan. My father lives in the home. My mother had a Will and I am the executor of her estate. The home was left to my father in a Will. He lives there. It has a remaining balance. He is not on the deed. He is working to assume the loan because he wants to stay in the home. If he... View More

Nina Whitehurst
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answered on Dec 13, 2023

The debt does not just go away. One way or the other it needs to be paid. Probate is the process that gets title transferred from a decedent to the heir(s) in most states. In some states, under some circumstances, title can be updated by affidavit. Your probate attorney should be helping you with... View More

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2 Answers | Asked in Probate for Alabama on
Q: Can a home sale be done “privately” and does it have to be approved by probate court ? What about loan assumptions?

It is for a home loan. My father lives in the home. My mother had a Will and I am the executor of her estate. The home was left to my father in a Will. He lives there. It has a remaining balance. He is not on the deed. He is working to assume the loan because he wants to stay in the home. If he... View More

Bonnie Lawston
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Bonnie Lawston
answered on Dec 13, 2023

As the executor, you have the legal authority to transfer the property to the named person as the Will states. It depends on the languagein the Will if the Estate is responsible for the debt or the person receiving the real property. You do not need Court approval to sell the property in the... View More

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1 Answer | Asked in Probate for Alabama on
Q: If father can’t qualify for mortgage assumption w/ a company, but qualifies with another, is that a “sale” in probate

I am the executor for my mothers estate.

The home he was left to him in her Will, but it has a mortgage debt on it. Fathers name is not on deed or mortgage.

Father is trying to assume current mortgage of my mother - his deceased spouse, with the remaining balance left.

In... View More

Nina Whitehurst
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answered on Dec 13, 2023

If this is a house, your father does not have to assume the loan. He can just keep making the payments. If he does not keep making the payments the lender will foreclose. He does not have to assume the loan to keep making the payments. Under federal law the lender cannot call the loan due when a... View More

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: On a mortgage assumption, who coordinates the updating of the deed to the home? Lender or Buyer? It’s not a new mortgage

For mortgage assumption, who coordinates the closing and updating the deed when it is an assumption and not a “new loan.”

Is it the lender or does the buyer find their own closing attorney? This is for a mortgage on the home of a deceased person. The deceased was the only name on the... View More

Nina Whitehurst
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answered on Dec 13, 2023

The title (what you are calling the deed) is updated by the probate process. When approved by the court (usually), the executor signs a deed transferring title from the estate to the heir(s).

If this is a house, you should know that none of the heirs are obligated to assume the loan, but...
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1 Answer | Asked in Probate for Alabama on
Q: Mom died in Alabama with mortgage and no funds. Who pays and can PR be reimbursed?

My mom died in Oct of 2023 in Alabama. She left no will and has home with mortgage. No bank account funds or estate income. She has 3 living children. The bank has been notified of her death but mortgage payments still due. Siblings are refusing to help. If appointed as personal representative,... View More

Paul  Burkett
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answered on Dec 4, 2023

This is not legal advice as to this specific question or case you have submitted but information I believe is relevant to your question. In situations like this an Intestate Probate of the Estate of the Decedent is needed for a personal representative to have authority to act on behalf of the... View More

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My grandfather passed away in 2019 he left the wheel that consisted of property that he left to me my grandmother and my

Sister passed away I just need help I really need help he sold an option of our property he was the conservator of my grandmother at the time I spoke to him and tried to explain to him to sell the property or auction off the property he would not listen he told me I had nothing to do with it I was... View More

James L. Arrasmith
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answered on Nov 19, 2023

If your grandfather left a will that included you, your grandmother, and your sister as beneficiaries for property, it's important to understand the terms of that will and how it affects the property now. If your grandfather was the conservator of your grandmother, he would have had certain... View More

2 Answers | Asked in Probate, Foreclosure and Real Estate Law for Alabama on
Q: Mom passed, only one heir, resided in ˢᵀ.Martin Parish, owns home in Mont., AL, she passed in Htx, how to obtain probate

No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.

Frank Truncali
Frank Truncali
answered on Nov 15, 2023

In order to transfer the title to the property in Montgomery, it would be necessary to open an estate in the Montgomery County Probate Court. The person who is handling the estate must be an Alabama resident. This would not address any property located in Louisiana, however. If a family member is... View More

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2 Answers | Asked in Probate, Foreclosure and Real Estate Law for Alabama on
Q: Mom passed, only one heir, resided in ˢᵀ.Martin Parish, owns home in Mont., AL, she passed in Htx, how to obtain probate

No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.

James Blount Griffin
James Blount Griffin
answered on Nov 15, 2023

I am not licensed in LA, so I cannot address the vehicle with any authority, though some states, such as Alabama, allow the transfer of a vehicle without the formal opening of an estate.

To lawfully transfer the Montgomery, AL real property, you would have to open an estate in the probate...
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2 Answers | Asked in Probate for Alabama on
Q: how do i redeem property from tax lein
T. Augustus Claus
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answered on Nov 14, 2023

To redeem property from a tax lien in Alabama, you must repay the delinquent taxes, interest, and penalties in full. You must also pay a $10 redemption fee. You can pay in cash, cashier's check, or money order. You cannot pay with a personal check.

You can redeem your property anytime...
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2 Answers | Asked in Probate for Alabama on
Q: how do i redeem property from tax lein
Frank Truncali
Frank Truncali
answered on Nov 15, 2023

The process to redeem the property will depend on how long it has been since the tax sale and whether a tax deed was issued. If it is less than three years, then it could be handled through the county tax assessor. If it has been more than three years, then it would require court action. My... View More

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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

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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