Alabama Recent Legal Answers from Lawyers

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324 legal questions have been posted about by real users in Alabama. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Alabama Recent Legal Answers from Lawyers
Page 3 of lawyers' answers to legal questions about Alabama.

Recent Legal Answers

After the local probate court admits the Will to probate (proving it is the Will of the person who died), your probate attorney can draft and record a Distribution Deed from the executor to you.  If you are the executor, it will be from you as the executor to you personally.
After the local probate court admits the Will to probate (proving it is the Will of the person who died), your probate attorney can draft and record... Read More
Yes, this would be grounds to sue, but more facts would be needed to make certain. Where was your brother buried in Alabama or Florida?
Yes, this would be grounds to sue, but more facts would be needed to make certain. Where was your brother buried in Alabama or Florida?

How can I get power of attorney for my deceased son?

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
A power of attorney is only effective while the person is alive.  You need instead to file a Small Estate Affidavit with the local probate court and Form 56 with the IRS.
A power of attorney is only effective while the person is alive.  You need instead to file a Small Estate Affidavit with the local probate court... Read More
That is up to the lender.  If the lender agrees, file an heirship form with the DMV naming you and your brother and a transfer of title form removing your brother's name from the title.  Check the insurance as well.
That is up to the lender.  If the lender agrees, file an heirship form with the DMV naming you and your brother and a transfer of title form... Read More
You must be represented by an attorney.  The purpose of probate is to prove that the Will is the Will of the person who died or, if there is no Will, that the heirs whom the applicant names are the heirs and the only heirs.  Additional steps are required to protect Will beneficiaries or heirs and creditors.  You cannot simply buttonhole a probate judge and ask him to sign something.  That would be opening the door to fraud. However, if your father left very little, you may be able to file a Small Estate Affidavit.  Here, too, you are advised to hire an attorney.  These documents are not as simple and straightforward as you may imagine. If your father only left a bank account and left very little in it, you may be better off letting it go to unclaimed property and, after four years, trying to get it from the State Comptroller.  ... Read More
You must be represented by an attorney.  The purpose of probate is to prove that the Will is the Will of the person who died or, if there is no... Read More

What action can I possibly take against car shield

Answered 5 years and a month ago by attorney Bruce Robins   |   1 Answer
A warranty is a contract.  If you believe that Car Shield has not fulfilled its warranty, you would cue it for breach of contract.
A warranty is a contract.  If you believe that Car Shield has not fulfilled its warranty, you would cue it for breach of contract.
A pay on death bank account passes to the named beneficiary and to no one else.  She is not obliged to give you a dime.
A pay on death bank account passes to the named beneficiary and to no one else.  She is not obliged to give you a dime.

If a dentist drilled all of my teeth unnecessarily and put holes in them do I have a claim?

Answered 5 years and 2 months ago by Tj Jesky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Based on your description of what happened to you, it sounds as if you have a good malpractice case against your dentist.  What makes you case stronger is that the dentist's actions were intentional.  Of couse the dentist will have his side of the story. I can't believe you are the only victim of this dentist.  He's probably done this before.  Start by looking for on-line reviews of this dentist.  Then find yourself a malpractice attorney in your State.   ... Read More
Based on your description of what happened to you, it sounds as if you have a good malpractice case against your dentist.  What makes you case... Read More

I put in for an increase for a few of my disabilities and Iโ€™m rated at 90 percent can they lower my benefits

Answered 5 years and 2 months ago by Amanda Lane Mineer (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Veterans Benefits
Hi William, Unfortunately, anytime you reopen your claim and they send you for an exam you do run a risk of them lowering your percentage.  However, if you feel the disabilities have worsened then you should absolutely put in for an increase.  You can review the symptoms that put you in a higher percentage to see if you meet the criteria for higher.  This would be listed on your last rating decision, or if you want to email me what injuries you are looking for an increase I can help you find what would give you a higher percentage.  Additionally, if  you are at 90% and your disabilities are affecting your ability to work, you can put in a request to be paid at 100% due to unemployability.   Hope that is helpful! ~Amanda... Read More
Hi William, Unfortunately, anytime you reopen your claim and they send you for an exam you do run a risk of them lowering your percentage. ... Read More

how do i gain legal guardianship of a minor

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship and Conservatorship
Hire a family lawyer.  This is a court proceeding.
Hire a family lawyer.  This is a court proceeding.

What can one do about breach of an agreement

Answered 5 years and 2 months ago by attorney Bruce Robins   |   1 Answer
With numerous caveats depending on the exact situation, if one party materially breaches a contract, the other party can sue to either force the breaching party to  perform his/her/its part of the contract, or sue for the damages the first party incurred due to the second's breach.
With numerous caveats depending on the exact situation, if one party materially breaches a contract, the other party can sue to either force the... Read More
When someone dies without a Will, the court determines who are the heirs and issues letters giving someone authority over all the property so that they can settle the estate.  Hire a probate lawyer who practices in the county in which your brother lived and died.
When someone dies without a Will, the court determines who are the heirs and issues letters giving someone authority over all the property so that... Read More
In most states there is no longer a reading of the Will.  Instead, the Will is submitted for probate (proving that it is the Will of the person who died) and becomes a public document.  Please check with the local probate court clerk to see it.
In most states there is no longer a reading of the Will.  Instead, the Will is submitted for probate (proving that it is the Will of the person... Read More
To find an elder lawyer near you, check the website of the National Academy of Elder Law Attorneys (www.naela.org)
To find an elder lawyer near you, check the website of the National Academy of Elder Law Attorneys (www.naela.org)
If you can prove that he knowiingly swore falsely, he could certianly be sanctioned by the court, and could possibly face criminal charges.  However, first things first.  You have to defend the lawsuit.
If you can prove that he knowiingly swore falsely, he could certianly be sanctioned by the court, and could possibly face criminal charges. ... Read More

Property deed

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Please contact a local probate attorney to determine whether an Affidavit of Heirship, a Small Estate Affidavit or an Application for Determination of Heirship and Issuance of Letters of Administration would best fit your situation.
Please contact a local probate attorney to determine whether an Affidavit of Heirship, a Small Estate Affidavit or an Application for Determination... Read More
As a permanent resident filing for a 33-year-old single son, he is in the F-2B category which in the month of November only has final action date availability for those who filed prior to 7/8/15 for all of the world except for further backlogged countries Mexico and the Philippines. Adjustment of status (I-485) is only allowed where there is visa availability. Your idea of having your son adjust status when he enters will not be allowed because of the long period of time that he must wait before his quota becomes current. Insofar as visiting you is concerned during the time of waiting, he is allowed to do so as long as he is able to convince immigration inspectors at the port of entry that he intends to return within the 90 day period allowed on visits under the visa waiver program. He should space out any visits so that DHS can see that he spends much more time in his home country than the United States. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
As a permanent resident filing for a 33-year-old single son, he is in the F-2B category which in the month of November only has final action date... Read More
So if you Are married to an American citizen, And you have been the victim of physical psychological emotional or mental abuse, then you may qualify for permanent residency based on the violence against women's act. So what I would do is I would call a woman shelter, and escape your situation, and they will provide you food and shelter and clothing and possibly even medical help, and also legal advice so you can go about and process your case under the violence against women act for a green card.... Read More
So if you Are married to an American citizen, And you have been the victim of physical psychological emotional or mental abuse, then you may qualify... Read More
Apologies!  I misread your question. But the answer is the same:  follow her directions. The son's position as agent does not remove his mother's right to control distribution of her own property while she is alive.
Apologies!  I misread your question. But the answer is the same:  follow her directions. The son's position as agent does not remove his... Read More

Is there a time frame on contesting a will

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
Please take all the documents to a probate lawyer who practices in the county in which the person lived and died.
Please take all the documents to a probate lawyer who practices in the county in which the person lived and died.
A probate lawyer who practices in the county in which your parents died may be able to help you settle both estates.
A probate lawyer who practices in the county in which your parents died may be able to help you settle both estates.
That lawyer knows more of the facts than anyone on this listserv.  You might ask him or her to explain why the answer changed.  Maybe new facts emerged.  Maybe the law changed.  It appears that now the CD is part of the probate process.  Because debts must be paid and a final tax return filed, it may well be more than a year before a distribution is made.... Read More
That lawyer knows more of the facts than anyone on this listserv.  You might ask him or her to explain why the answer changed.  Maybe new... Read More

Do you think I have a good chance of getting disability

Answered 5 years and 6 months ago by Scott F. Bocchio (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Social Security Disability
Hi, only SSA can determine if you are eligible for benefits. Just ensure all your medical records are up to date.                Scott F. Bocchio 855-254-7841
Hi, only SSA can determine if you are eligible for benefits. Just ensure all your medical records are up to... Read More
As your probate attorney may advise you, possession is not nine-tenths of the law.  It is not even one-tenth.  The executor or, if there is no Will, the administrator can bring an action or, if the estate has been settled, either of the other siblings can bring an action for partition, necessitating a sale.... Read More
As your probate attorney may advise you, possession is not nine-tenths of the law.  It is not even one-tenth.  The executor or, if there is... Read More
First, while you write that your Mother left the land to you and your siblings, it is not clear that her estate was ever probated and a distribution deed died putting it in your names.  Once it is, demand that the squatter remover her mobile home and contact a local residential real estate lawyer if she does not.... Read More
First, while you write that your Mother left the land to you and your siblings, it is not clear that her estate was ever probated and a distribution... Read More