Alabama Contracts Legal Questions

You need to take your morther's will to a competent local estate lawyer IMMEDIATELY and hire him or her to file the will for probate.  Tell him or her what your sister is doing.  In the meantime, advise your sister that her power of attorney expired and became inoperative at the moment of your mother's death.  It is no longer valid for any purpose and it no longer gives her any power whatsoever over your mother's affairs.  She is not authorized to take anything from your mother's belongings, and that includes bank accounts and safe deposit boxes.  Do not delay.  Your sister may quickly place valuable items beyond your reach. Good luck with it.  Sadly, this sort of situation is not uncommon, but an experienced lawyer will know what to do. WARNING:  I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer.  By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing.  The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website.  Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.         ... Read More

Contract and agreement are synonymous, although some agreements need to meet certain formalities (such as beng in writing) to be enforceable.  Whether your agreement/contract is enforceable, and whether letting you go breaches that agreement, are different stories, which I can't evaluate from the few facts you've given.... Read More

No, it effectivfely screws your heirs.  You can theoretically leave all your assets to a trust for purposes of fighting Citi's collection efforts until the matter is resolved, but such a clause might be void as violating the rule against perpetuities (the money would be in limbo because nobody can predict when the case would be over.)  If you do that, your money will be spent on lawyers.  None of your loved ones will get any money until the dispute with Citi is over, but Citi, eventually, will because, as you yourself admit, you owe them the money.  Under these circumstances, who would want to be the executor of your will?  Someone will have to be appointed by the Court, and your money will be used to pay fees to that person as well. ... Read More

What was the intimidation?  If  he/she held a gun to your head to force you to sign, yes.  If he/she suggested that you should sign because you'd never get a better deal and you would lose money if you waited, no.  Wiothout knowing a lot more details, your question really can't be answered, and, even with all of the details, there may be no sure answer.... Read More

Contracts with minors are generally voidable at the minor's option, so you could have the right to cancel the contract and get your money back.  However, if your parents or guardian knew and approved of the agreement, it may be deemed their agreement and, unless there was an understanding that there would be a refund in the event you had to back out for a family emergency, they may have no right to a refund.... Read More

That depends.  A contract is just an agreement, and most contracts don't even have to be in writing to be enforceable.  However, there are too many variable to be able to answer your question definitively.  For example, were both contracting parties of age and competent?  Was consideration (quid pro quo) exchanged?  Is there a claim of fraud, mistake, or duress?  Is the object of the contract legal (for example, gambling and prostitution contracts are unenforceable in most US jurisdictions)?... Read More

If what you are asking is which defense to a contract is more likely to succeed, neither succeeds very often.  There is no reason why both defenses cannot be asserted.  If for some reason you have to rely on just one, mistake applies to more factual situations than does undue influence.... Read More

There is a doctrine called "Statute of Frauds" that comes from England and is older than our country and it holds that a contract involving real property, which is what your land would be, must be in writing to be valid.  There are valid verbal contracts but none related to property. ... Read More

The payee cannot file a judgment. The payee can sue for the balance due and ask the court to enter a judgment based on the maker's default. The maker will then generally be entitled to notice and the opportunity to be heard with respect to any defenses of the maker prior to the entry of judgment.... Read More