Alabama Recent Legal Answers from Lawyers

Yes, you can file an adoption. Most residency requirements only require you to have physical custody of the children for 1 year. Past that, you can file an adoption. Everyone will have to show up at the hearing to prove why the adoption would not be in the children's best interest. If there is no financial support that would be an excellent reason for their objection to be denied.... Read More

I'm sorry for your loss.  You and your sister are her heirs and have the right to her property once any creditors are paid.  If you have a sibling that passed and left children, those children are heirs too.   You will need to go through the probate process for an intestate (left no Will) estate.  This will provide notice to creditors and appoint you or your sister as the executor of the estate.  The executor has the legal authority to sell and distribute estate assets.  Nolo.com has some good information about the probate process, as does your state probate website.  Good luck.  ... Read More

Yes, your relative can change the terms of an existing Will.  The amendment is called a codicil.  The codicil, which can be handwritten or typed, should state that your relative reaffirms the existing Will except for whatever provisions he or she wants to change, and then specificallly state what provisions should be deleted and add the new language.  The codicil should be signed by your relative and two witnesses.  A separate sworn affidavit of the witnesses, signed by a notary, is useful although not necessary.   Your relative could give the beneficiary, a co-trustee or some third person the authority to remove a trustee.  It is customary in a special needs trust to give the trustee broad authority, but also the requirement that they act in the best interests of the beneficiary.  There also a pooled special needs trust that your relative may want to consider - these are administered usually by nonprofits and can be less expensive.  ... Read More

If your father was still living when your grandparents both died, which it sounds like is the case, then your father was entitled to his share.  If he passed away after that, then his estate is entitled to that share or whatever is left of it, if he received it before his death.  Upon his death, if he had no Will, his wife (if she is not your mother) is entitled to half of his probate estate and his children divide the other half.  Please note that probate assets do not include assets in trust, or any assets that your father owned jointly with his wife.  If, for instance, he put the funds he inherited from his parents into a joint savings account owned by both he and his wife, those funds became hers automaticallly when he died.  They are not probate assets.  Assets that name a beneficiary or that have a pay-on-death designation also are not probate assets.  Instead, they go to the person named as the beneficiary.  Only assets owned in your father's name alone are probate assets, subject to administration pursuant to the laws of probate.   It sounds like his wife was appointed executor of his estate by the probate court.  Legal notice must be given to heirs and there is penalty for not doing so.  Executors must administer the estate in accordance with the law of intestacy, and the court can order an executor to do so or remove an executor who does not follow the law.  All of these actions are within the jurisdiction of the probate court for the county where your father lived.  As an heir, you are able to file requests to the court to address these issues.  You may need a lawyer's assistance in drafting them, or the court may have forms that you can use.  Good luck.  ... Read More

Generally speaking, US immigration law does not allow employment authorization for humanitarian situations where there is no other basis for its allowance. If you are eligible for other types of application such as nonimmigrant or immigrant visas that allow an employment authorization or for political asylum, you may be able to obtain an EAD (employment authorization document).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

You will need to speak to the prosecutor and judge about this. If a case is "dismissed," then there is no guilty plea. Deferred judgments are not referred to as "dismissals." In a dismissal, the charges are dropped, meaning that the prosecution chooses not to move forward with the case and dismisses it entirely. If you enter a guilty plea, then this is not a dismissal. Therefore, I'm not sure why they would fill out a document that says "Upon a plea of guilty," the case will be dismissed. It's possible that they use the form for plea deals for dismissals as well, but I would have been hesitant to sign any document that mentions anything about you pleading guilty if the intent of the document was a dismissal. Check with the court clerk first and see what their records state in regard to your case. If it is reflected as a dismissal on the official court records, then I wouldn't be too worried about it, as it wouldn't show up as a conviction on your record if the court records properly show it as a dismissal. If the court records don't reflect it as a dismissal or anything seems unclear with the records, then I would ask to schedule a time to speak to the prosecutor and judge to determine why there are documents in the system suggesting that you entered a plea of guilty.... Read More

You may apply for refugee status if outside the U.S. You can only apply for asylum if in the U.S. or at one of its borders. To request refugee status, you need to contact the UNHCR. You can read more about asylum and refugee status at http://myattorneyusa.com/asylum-and-refugee-protection.... Read More

I need to know a few things before I can answer your questions: 1.  How much is your house worth?  How much do you owe on it? 2.  What kind of car do you have (make, model, year)?  How much do you owe on it? 3.  How much money do you currently have in your bank account? (include all checking, savings, and any other accounts)   -Matt Dunaway... Read More

I'm not sure I fully understand your question.   Are you asking whether you can include medical bills in a bankruptcy case?  If so, yes. Are you wanting to add medical bills/debt to a current bankruptcy case (that's already been filed)?  If so, you'll need to talk to your bankruptcy attorney. Please explain, in more detail, what you'd like to accomplish and I'll try to help.   -Matt Dunaway  ... Read More

If you plead not guilty to a criminal charge, then the court will set a date for your trial. While you do have the right to represent yourself, it is not advised that you attempt to prepare and present a defense at trial without the assistance of an attorney. If you are unable to afford an attorney, then you can request that an attorney be appointed to assist you. However, you would need to submit financial information showing that you are financially unable to retain an attorney. As far as filing a civil lawsuit against multiple entities, again, I would advise that you consult with a plaintiff's attorney before moving forward with any lawsuit. If you file suit against "whoever and whatever" you can sue, then you run the risk of the court determining that you are filing frivolous lawsuits, and the judge could order that you pay the defendants' court costs. You want to make sure that you have a legitimate claim to bring against the appropriate defendant(s), and the best way to do that is to consult with a plaintiff's attorney.... Read More

I'm sorry, but you had a chance to litigate this issue and you, to use your words, "kept your mouth shut."  It's too late now to litigate the child support issue.  I don't know how long has passed since you made that decision, and I don't know whether your attorney gave you bad advice (frankly, it sounds like he/she gave you good advice; in many states - I don't know about Alabama - a child born to a married woman is often conclusively presumed to be the husband's child), but if you think your lawyer gave you bad advice, you may still have time to sue him/her for malpractice.  However, while I don't know all the facts, but from what you've written, I wouldn't be confident of winning the case.... Read More

In Alabama, the Business Privilege Tax (BPT) is assessed against any business entity that is in existence. The law is worded in such a way that the BPT is owed merely due to the entity's existence, and thus whether a business actually operated does not affect the fact that the BPT is owed. The minimum amount for the BPT is $100 annually, and the amount of the BPT increases as the business earns more money. In order to prevent owing the BPT in the future, you should formally dissolve the business entity. Otherwise, it will continue to accrue BPT as long as it is in existence. The BPT is assessed against the business entity. You should not be personally liable for the BPT, unless the Alabama Department of Revenue has entered an assessment or filed a lien that specifically lists your individual name.... Read More

Hello,   Yes,  a DUI within the 5 years before you file for citizenship may have an effect on your application. The USCIS officers will look to see if you have "Good Moral Character" particularly within the 5 years before your citizenship application. I would suggest you retain an attorney should you wish to move forward with your application. You may find a lawyer by looking at the lawyer directory here at Lawyers.com or contact your local attorney referral service in your city. Good Luck.... Read More

I will readily admit that I have not kept up with legislative changes as they relate to drones. However, your line of questioning tends to suggest that "regular" laws related to privacy would be in play. If you're trying to see how low you can get your drone over private property, or how close you can get the drone to other people, then you're playing a dangerous game with invasion of privacy laws, nuisance torts, and a variety of other potential legal violations or causes of civil action. Many legal analysts have even suggested that drones can be legally shot down by private citizens under certain circumstances, so you are risking a lot when you send your drone to property that you don't have a legal right to be on. Unless you have a commercial activity that requires you to fly a drone over someone else's property (at which point I believe you require a license or waiver from the FAA), I would not suggest trying to push the legal limits by sending your drone onto someone else's property or in their personal space.... Read More

Whether you are entitled to a refund depends on what work the attorney has done so far and whether the $1,300 paid to him/her could be considered a reasonable fee for the work completed. You should ask the attorney for an accounting of his/her time spent on the case, as well as any fees incurred. If the billable hours and fees would be less than $1,300, then you'd have an argument that the attorney shouldn't be able to keep the entire $1,300 as a reasonable fee. However, the attorney would be entitled to keep part of it for work completed, and would ethically only be bound to return the unearned portion of the fee.... Read More

You can be charged with a DUI if you are driving under the influence of any intoxicating substance; alcohol is not the only drug for which a DUI charge can be brought. Taking this into consideration, the fact that you registered a .00 BAC on a breathalyzer test does not mean that the DUI charge will be dismissed or that you will otherwise be found innocent. If the police drew blood or otherwise conducted a test that would show that it's possible that you were under the influence at the time that you were driving, then they can bring DUI charges. This can include a field sobriety test, in which the officers would be looking for outward signs of intoxication. As far as whether you could be convicted for the DUI charge, an attorney would need to review the entire fact pattern to offer you an opinion on that. The handful of facts that you've provided so far aren't enough to give an opinion. Additionally, keep in mind that no attorney in Alabama can ethically guarantee a result, so we would be unable to predict whether a conviction will be the end result.... Read More

You should write a dispute letter to the Credit Reporting Agency (Experian, Equifax and/or TransUnion) that is reporting the account inaccurately, and ask (demand) that they report the account accurately (i.e.- as secured).  For good measure, you could send the dispute lettert to the creditor as well.  When sending dispute letters like this, always be sure to keep a copy of the letter and send the letter via certified mail with return receipt.  ... Read More