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Four siblings inherited a house, with one sibling living there for 14 years. Due to domestic violence incidents involving another sibling, this sibling has not been allowed access. They are now suing to force the sale of the house and obtain a key. Given the police report documenting domestic... View More 
answered on May 7, 2025
The inheritance of title to the house and the domestic violence are two separate issues for the courts because title and possession are two different things under the law.
Inheritance of title by the four siblings cannot be ignored. It does not sound as if an estate was ever opened and the... View More
I lived with my brother in his house under a verbal agreement before he passed away. After his death, his children locked me out of the house, claiming ownership rights. I want to know what legal actions I can take to regain access to the home, considering my verbal agreement with my brother.
answered on May 1, 2025
This is complicated. In real estate, all rights and interests must be in writing- from leases to deeds to liens to easements. Nonetheless, because you are family, you might be able to claim an "equitable interest" in his property. Thus, standard eviction procedures might not work... View More
In our subdivision in Alabama, homes built prior to 1999 were originally exempt from joining the pool and club, which kept HOA fees lower for these properties. However, it was recently announced at an HOA meeting that these fees would be increased by $355.00 a year, without allowing residents to... View More
answered on Apr 30, 2025
The lawyer's answer is: "It depends." Lawyers argue cases using the documents drafted, properly enacted, and sometimes recorded by HOAs. Exhibit A would be the subdivision covenants. Exhibit B would be the constitutional documents of the HOA's board of directors. Exhibit C... View More
If my spouse owned a house before we got married and is leaving the entire estate to me, including the home with a mortgage, what are my options once the estate closes? The mortgage and the deed are solely in his name, and there is no trust or complex arrangements—just a simple will. Would I need... View More
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answered on Apr 30, 2025
You do not need to refinance. You do not need to assume the loan. Under federal law you can just keep making the monthly payments, and as long as you do the lender cannot foreclose. You do need to notify the lender that your husband has passed, and you might also need to provide to them some... View More
If my spouse owned a house before we got married and is leaving the entire estate to me, including the home with a mortgage, what are my options once the estate closes? The mortgage and the deed are solely in his name, and there is no trust or complex arrangements—just a simple will. Would I need... View More
answered on Apr 30, 2025
A will in Alabama must be probated by the court within five years of the death of the decedent. Are you the Personal Representative or Executor under the Will? If so, you would need an attorney to help you open the estate, obtain for you "Letters Testamentary," and assist in the... View More
What happens to a mortgage once an estate closes? In this case, the deceased spouse solely held the deed and mortgage, which passed to the surviving spouse without contest as per the will. While the surviving spouse is making payments without formally assuming the loan, is the assumption the only... View More
answered on Apr 30, 2025
Was there an "Executor's Deed" from the executor of the estate under the Will to the surviving spouse? If so, that is good. As a general rule, home insurers don't want to insure a house which is still in the name of a dead person. If the house cannot be insured, the mortgage... View More
What happens to a mortgage once an estate closes? In this case, the deceased spouse solely held the deed and mortgage, which passed to the surviving spouse without contest as per the will. While the surviving spouse is making payments without formally assuming the loan, is the assumption the only... View More
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answered on Apr 30, 2025
You do not need to refinance. You do not need to assume the loan. Under federal law you can just keep making the monthly payments, and as long as you do the lender cannot foreclose. You do need to notify the lender that your husband has passed, and you might also need to provide to them some... View More
My spouse passed away several years ago, and his name was the only one on the mortgage. However, the deed grants me the right of survivorship. I've kept the mortgage payments current, but I haven't yet contacted the lender. There was no will, and the estate did not go through probate. I... View More
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answered on Apr 28, 2025
Pursuant to Federal Law, the lender can not call the loan due or declare it in default fault simply because the borrower died, when the borrower left the house to his wife. All you need to do is notify them of his death, and you can continue to make the payments on the loan. You do not have to... View More
My mother owns her mobile home and has the physical deed in her name. In November 2024, the mobile home was moved off of a lot at a previous mobile home park by an unknown mover without her consent. We recently found out that this mover sold all her belongings inside the home and intends to sell... View More
answered on Apr 4, 2025
The lawyerly answer is: "It depends." Read the various contracts related to the mobile home, which I presume your mother owned outright, and the leasing of the lot, which she did not own. if she fell behind on her rent of the lot, the terms of eviction and removal of her mobile home... View More
I've been involved in a partition action where the judge ordered me to sign a listing agreement giving a realtor "sole" discretion to sell the property. However, the realtor violated ethics and real estate law, used an outdated contract, added unlawful transaction fees, and completed... View More
answered on Apr 4, 2025
In property disputes, judges often appoint a realtor to sell the property and divide the proceeds at closing. In your case, you have every right to give notice to the court, in a formal pleading, that the listing agreement and other sales protocols were violated. Usually, the judge must approve... View More
Is B responsible for the financing amount of ~$11,000 for an HVAC unit, even though her mother, who was the sole signer of the contract, has passed away? Additionally, can the financing company legally remove the HVAC unit from B's house under the contract terms given that B is the sole owner... View More
answered on Apr 4, 2025
Death does not extinguish legitimate liens against real property. An HVAC system is a strange bird in property law. The HVAC equipment itself is not "real property" as in real estate, but, once installed, it is a permanent fixture in and with the real estate; the house is likely not... View More
I purchased a mobile home for $7,500. The seller was due $5,000, and the party helping to sell the mobile home was due $2,500. I have a bill of sale and a title. If the party assisting with the sale didn’t pay the seller the full $5,000, can they stop me from moving the home? The seller hasn’t... View More
answered on Apr 4, 2025
The lawyer's answer is: "It depends." Do you have an obligation to pay the $5,000 or the $2,500? If the seller has neither cash nor an enforceable promissory note and lien against you, then he is likely within his rights to prevent delivery and installation of the mobile home. If... View More
I am creating a database of minerals and rocks and would like to know if it's legal to collect rocks under the bridges of small creeks on county roads in Alabama, or if this is considered private property. I have reached out to law enforcement and am waiting for an officer to call me back for... View More
answered on Apr 1, 2025
This is a complex question. Creeks and rivers are sometimes on public lands, sometimes in public rights of way, and sometimes entirely on private land. How much disturbance are you likely to make? Nobody wants the creek banks eroded under a bridge. I would speak to the County Engineer. He... View More
I am dealing with a complex situation involving my deceased mother's home. After her death in 2018, my stepfather passed away, and his children took over, claiming my brother and I had no rights, despite us paying property taxes on the home. The house, located in Walker County, Alabama, went... View More
answered on Mar 31, 2025
If the home was held by the married couple as "joint tenants with rights of survivorship," then your stepfather got complete ownership the day your mother died. The stepsiblings sold it and pocketed the proceeds and thank your brother cheerfully for paying the taxes. If the deed of... View More
My mom passed away, and I'm the last surviving child. She had no will, and I'm looking to keep her home. I'm still paying the mortgage monthly. There are no other family members with a claim. The property is a mobile home with 1.5 acres, located in Mobile, Alabama. What steps do I... View More
answered on Mar 31, 2025
You will likely need to open an estate in her name under the laws of "intestate succession," that is, probate for someone who died without a will. The heirship is determined by state law by these priorities: widows, orphans, surviving parents, surviving siblings, surviving nieces and... View More
If a property does not close due to the buyer's breach of contract, can the buyer's real estate agent sue me for commissions? The buyer's agent has filed the lawsuit pro se, listing himself only, not his broker on the case. The seller's agent released me from the contract after... View More
answered on Mar 31, 2025
Your case is very complicated. Realtors often lose lots of money on broken land deals, and real estate contracts often favor the realtor over the seller or the buyer. Find an attorney in your area who understands real estate closings. It might be hard because many solid real estate attorneys... View More
What is the procedure for selling a non-corporate church in Alabama, considering there are no bylaws, no involvement from the board of trustees, no property debts, no agreements on distribution of sale proceeds, and no restrictions from state authorities?
answered on Mar 31, 2025
Check the title records in the courthouse. Find the deed transferring the property to the church. Who or what entity owns the church and its land? The deed should say so exactly. Whoever has title has the right to sell. Whoever sells it would likely sign at closing an "seller's... View More
Non supportive wall between garage slab between crawl space was leaning and was supposed to be fixed. We are now having the whole wall fixed because it was not fixed. There was supposed to be a shut off valve put in on the hot water heater that was not put on
answered on Mar 31, 2025
To win a breach of contract case, you need to be able to prove that the contractor violated either a specific clause of the contract or a warranty, express or implied. Next, you need to look at the contract and see if there is an arbitration clause, which would mean that if you claim breach of... View More
Can a retired pastor single-handedly put our church in Alabama up for sale without notifying the congregation, trustees, or the governing bodies? Our church, which has been part of a non-denominational assembly for over 75 years, is owned by the congregation, and there's no formal... View More
answered on Mar 28, 2025
The first question is: in what name is the title to the land held? It could be corporation, private party, religious non-profit, and passed to the church by a happy widow who never signed a deed. A seller cannot sell without title. No title insurance company would insure it, and no fire... View More
I have been maintaining the property next to mine for the past 25 years, including building a driveway and a garden. The owner has passed away, and the land is still in their name. I attempted to contact the family, but they have not responded. There are no existing legal agreements or deeds... View More
answered on Mar 28, 2025
There is a complex legal procedure known as "adverse possession by prescription" which "requires actual, exclusive, open, notorious, and hostile possession under a claim of right for a 20-year period." There is a ton written about it; it is essentially a squatter's law;... View More
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