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Alabama Estate Planning Legal Questions

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6 legal questions have been posted about estate planning by real users in Alabama. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Alabama Estate Planning Questions & Legal Answers
Do you have any Alabama Estate Planning questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 6 previously answered Alabama Estate Planning questions.
Estate Planning
Alabama

Recent Legal Answers

Can you please explain estate proceedings where the decedent had no will?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Hire a local probate lawyer to file an application to determine heirship and issue letters of administration. 
Hire a local probate lawyer to file an application to determine heirship and issue letters of administration. 

Property deed

Answered 5 years and 3 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

How do I cash a check made to the estate of if there is no estate?

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
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
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)... Read More

mom married stepdad 27 yr ago & moved in his home taking all our family antiques. She passed. Will states personal belongings goes to me. He refuses.

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
It depends on what Alabama case law defines as "personal belongings."  Contact a probate lawyer practicing in the county in which she died.  Generally speaking, heirlooms (such as family antiques) are a person's separate property.
It depends on what Alabama case law defines as "personal belongings."  Contact a probate lawyer practicing in the county in which she... Read More

Do I have to set up an estate account if there is no will?

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
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
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... Read More

Do I have a case for slander? Do I have a case with law suet for attorney not contacting me about the estate I’m involved in

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
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
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... Read More
Estate Planning
Alabama

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