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Alabama Estate Planning Legal Questions

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6 legal [2, *]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 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Terry Lynn Garrett
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 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Terry Lynn Garrett
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 Answer

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

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Terry Lynn Garrett
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 Answer
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 Answer

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 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Terry Lynn Garrett
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 Answer

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

Answered 5 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Terry Lynn Garrett
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 Answer
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 Answer

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 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Terry Lynn Garrett
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 Answer
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 Answer
Estate Planning
Alabama

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