Alabama Recent Legal Answers from Lawyers

You cannot cash the check without opening an estate.  If you do not want to open an estate, you can wait four to six years (it varies by state) for the funds to go to the state comptroller and go through the document-heavy process of proving that were there an estate, you would inherit and try to get the money that way.... Read More

Hello, Not sure from your situation if a lawsuit has already been filed against you, or if you have been served with a lawsuit, or if judgment has already been entered. I am not licensed in your state, so I cannot provide you with specific legal advise for your situation. However, I would urge you to act immediately and seek legal counsel to assist you in making a decision.  Here in Kansas, when someone is seeking bankruptcy it is not uncommon for the bankruptcy attorney to reach out the attorney for the creditor to let them know what is going on or file an answer to the lawsuit prior to judgment being entered. With the goal of providing additional time to get a bankruptcy completed.  Or a bankruptcy or another attorney could be of help in negotiating  on your behalf.  ... Read More

You know better than anyone on this list whether there are any other funds in question.  Many states have a less expensive probate for small estates.  Whether this would be less than the refund of premium and reimbursement of fees is an open question.  Talk with a probate lawyer in the county in which your father died.... Read More

If your spouse does not wish to permanently reside in the U.S., then a marriage visa is not the path you want to take. The marriage visa, called an immigrant visa, would actually lead to her obtaining lawful permanent residency in the U.S. It is an immigrant visa meaning it is permanent. There is no non-immigrant marriage visa for spouses of U.S. citizens.  That said, the foreign affairs manual ("FAM") does provide a path for a spouse to obtain a visitor visa (B-2). Here is the provision:  9 FAM 402.2-4(B)(4)  (U) Spouse or Child of U.S. Citizen or Resident Alien (CT:VISA-778;   05-13-2019) (U) An alien spouse or child, including an adopted alien child, of a U.S. citizen or resident alien may be classified as a nonimmigrant B-2 visitor if the purpose of  travel is to accompany or follow to join the spouse or parent for a temporary visit. In the event your spouse wants to obtain lawful permanent residency, you can start the process by filing for her on Form I-130. She will have to apply for a visa through the embassy. If you have questions, do not hesitate to contact us: https://porter-law.com/contact/ Please consult the appropriate professional to request an analysis of any immigration issues discussed in or implicated by this communication, or to assess the advisability. The information provided on this communication is of a general nature and may not apply to any specific case or particular circumstance. It is not to be construed as legal advice nor presumed to be up to date.  ... Read More

Typically you don't need to provide financial documents evidencing sufficient income at the fiancé visa stage, unless USCIS request it. However you will need to file a financial affidavit with supporting documents when your fiancé applies for his green card. If you do not meet the minimum income level you can enlist the aid of a joint sponsor. ... Read More

If there was not will, you will proceed under administration of the estate.   This is filed in the local probate court.  If someone else caused the wreck, you likely will also have a wrongful death case that you could handle as administrator of the estate.  There is a priority in the law as to who can file to be the adminstrator, but if you are the next of kin, you can open the estate 5 days after the death.... Read More

First of all, did you have any auto insurance?   Your liability insurance, if any, would cover this.  Even if the driver was not listed on your coverage, as long as they aren't a regular driver, your insurance should cover it.  If not, did the driver have any auto insurance?   You might not be liable for the damages since you weren't driving unless you loaned the car to someone that you knew should be driving, such as giving the keys to someone who was drunk.  However, if you have entered into a written contract to pay, you may be on the hook.... Read More

Ms. White:   This is complicated.  If you brother does not have the capacity to make his own decisions then he shoudl have a guardian appointed.  An appointed guardian can request a change of beneficiary form from the life insurance company.  If your brother has the ability to sign a change of beneficiary form, then you can request the form for him and have him sign it.  If he dies without a change of beneficiary and he has not be remarried, then the likely beneficiary will be his child.  ... Read More

If I understand you corectly, these people were staying with you, so they could have stolent the stuff at any time.  Also, if I understand you correctly, had you been there you would have let them in, and if the maintenance person had called you, you would have consented to him giving your friends a key.  If I were the judge, I would not hold the complex responsible, but some judge may be more favorably disposed towards your claim.  However, at worst, the apartment complex is responsible for a loss of under $100 while your friends owe you about $500.  Why don't you sue them?  In fact, you could report them to the police for their theft.    ... Read More

The attorney's client is the person who presented the Will for probate or applied for a determination of heirship, not you.  Although it varies by state, often the beneficiaries of a Will do not need to be contacted until after a Will is admitted to probate.  It is the person who presented the Will for probate (the executor) or the person whom the court appointed to settle an estate without a Will (the administrator) who makes decisions, not the other people who may inherit. Slander is a separate question.  If you have lost housing or a job because of false allegations, you may want to bring this up with a local attorney.... Read More

If the probate clerk does not have a Will, it has not been submitted for probate.  If you want to prompt someone to produce the Will for probate -- and you are an heir -- submit an Applicaiton for Determination of Heirship and Issuance of Letters of Administration.  Keep in mind that most people only leave things to their immediate family in their Wills and that you are likely not an heir under Alabama law unless your uncle left no spouse, no children, no parents and no siblings.... Read More