×
Go back to Martindale-Avvo ➔

Alabama Probate Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
46 legal questions have been posted about wills and probate 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 living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.
Alabama Probate Questions & Legal Answers
Do you have any Alabama Probate questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 46 previously answered Alabama Probate questions.
Wills and Probate
Alabama

Recent Legal Answers

How much will a probate lawyer cost?

Answered 4 months ago by attorney Stephen Arnold Black   |   1 Answer
Probate lawyer fees are usually capped by state statute as a percentage of the gross estate. If the estate is solvent, most probate lawyers will get paid at the end of the case out of estate assets. 
Probate lawyer fees are usually capped by state statute as a percentage of the gross estate. If the estate is solvent, most probate lawyers will get... Read More

How to locate a stolen inheritance

Answered 8 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
Have you talked with the insurance company?  Did you ask them about this?  Did you ask the process for the insurance company paying a claim?  Have you complied with it?
Have you talked with the insurance company?  Did you ask them about this?  Did you ask the process for the insurance company paying a... Read More

How can I find out the name of the attorney who did my Mother's will?

Answered 8 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
Has the will been filed for probate? If so, the will is now public record. If not, probate mother's estate without a will and ask to be appointed. This normally will cause a will to turn up if it is going to turn up at all.
Has the will been filed for probate? If so, the will is now public record. If not, probate mother's estate without a will and ask to be appointed.... Read More

As executor of my mothers estate I need to be able to sell the remainder of her estate - two burial plots in memorial gardens in muscle shoals.

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

What is the law regarding division of undeveloped land if it is inherited by multiple people?

Answered 4 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
You may offer to buy out your siblings and, if people cannot agree on a price, bring a suit for partition.
You may offer to buy out your siblings and, if people cannot agree on a price, bring a suit for partition.

Probate

Answered 4 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
No. That would be colluding with your uncle to rob the estate.  But after splitting everything three ways, you and your siblings can continue to sell the house to your uncle.
No. That would be colluding with your uncle to rob the estate.  But after splitting everything three ways, you and your siblings can continue to... Read More

What to do with my Mothers estate

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Ask a local probate attorney to help you submit her Will for probate or, if she had no Will, apply for a determination of heirship and to administer her estate.  By federal law the mortgage lender will not be able to foreclose for six months after the court appoints you executor or administrator.  During that period, you can talk with the lender about taking over the loan or refinancing.... Read More
Ask a local probate attorney to help you submit her Will for probate or, if she had no Will, apply for a determination of heirship and to administer... Read More

My divorced brother died 10 months ago with a valid will in which he left his estranged son only $15. Why do we have to go back to court?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
If this is a court-supervised administration, the court must approve the sale whether or not the Will was contested.
If this is a court-supervised administration, the court must approve the sale whether or not the Will was contested.

Does getting married invalidate a will if the new spouse isn't included? If so, must the will be probated?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
What you want doesn't matter.  The inheritance is a gift.  Your uncle chose who he wanted to give the gift to when he made the Will. 
What you want doesn't matter.  The inheritance is a gift.  Your uncle chose who he wanted to give the gift to when he made the Will. 

I have a legit poa in Alabama , had it for 4 years , now my sister has hired an attorney and went to an emergency hearing to grant her Guardianshi

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
A guardianship application usually requires notifying people who have an equal priority to become guardian.  If you had equal priority and were not notified, contact a local guardianship attorney. A guardiianship usually supercedes a power of attorney.
A guardianship application usually requires notifying people who have an equal priority to become guardian.  If you had equal priority and were... Read More

my fathers wife has asked my siblings and i to sign over our rights to his estate in texas so she can sell their house, do we have any rights?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
Texas is a community property state.  Your stepmother retains her 50% interest and a lifetime occupancy right.  Your father's 50% interest passes to his children.  Hire a probate lawyer who practices in the county in which your father lived and died to file an application for determination of heirship or, depending on the situation, small estate affidavit to protect your interest.... Read More
Texas is a community property state.  Your stepmother retains her 50% interest and a lifetime occupancy right.  Your father's 50% interest... Read More

House ownership

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
You do not write whether your grandmother left a Will.  If she did, her Will governs the half of the home she owned.  If she did not, that half passes to her heirs at law, presumably including your aunt.  You can buy out the beneficiaries under the Will or, if there is no Will, the heirs.  Or they can buy you out.  Or the house can be sold and the net proceeds distributed to the owners based on their percentage of ownership.  Occupancy, paying taxes, care of your grandmother do not increase your ownership interest.  However, you may have a claim against your grandmother's estate for goods purchased or services rendered.  Talk with a local probate lawyer.... Read More
You do not write whether your grandmother left a Will.  If she did, her Will governs the half of the home she owned.  If she did not, that... Read More

How do I get title of land my dad left me in his will

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
After the local probate court admits the Will to probate (proving it is the Will of the person who died), your probate attorney can draft and record a Distribution Deed from the executor to you.  If you are the executor, it will be from you as the executor to you personally.
After the local probate court admits the Will to probate (proving it is the Will of the person who died), your probate attorney can draft and record... Read More

How can I get power of attorney for my deceased son?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
A power of attorney is only effective while the person is alive.  You need instead to file a Small Estate Affidavit with the local probate court and Form 56 with the IRS.
A power of attorney is only effective while the person is alive.  You need instead to file a Small Estate Affidavit with the local probate court... Read More

If my Dad passed away leaving no will an I want to take over the car payments and insurance payments can I do this without putting it in my name

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
That is up to the lender.  If the lender agrees, file an heirship form with the DMV naming you and your brother and a transfer of title form removing your brother's name from the title.  Check the insurance as well.
That is up to the lender.  If the lender agrees, file an heirship form with the DMV naming you and your brother and a transfer of title form... Read More

Can I handle a letter of testamentary myself or do I have to get an attorney. Can't I get a probate judge to sign it and pay to have it filled?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
You must be represented by an attorney.  The purpose of probate is to prove that the Will is the Will of the person who died or, if there is no Will, that the heirs whom the applicant names are the heirs and the only heirs.  Additional steps are required to protect Will beneficiaries or heirs and creditors.  You cannot simply buttonhole a probate judge and ask him to sign something.  That would be opening the door to fraud. However, if your father left very little, you may be able to file a Small Estate Affidavit.  Here, too, you are advised to hire an attorney.  These documents are not as simple and straightforward as you may imagine. If your father only left a bank account and left very little in it, you may be better off letting it go to unclaimed property and, after four years, trying to get it from the State Comptroller.  ... Read More
You must be represented by an attorney.  The purpose of probate is to prove that the Will is the Will of the person who died or, if there is no... Read More

Is she legally obligated to share the money? Could I hire a lawyer and sue her for any amount of the money or ownership of the accounts?

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
A pay on death bank account passes to the named beneficiary and to no one else.  She is not obliged to give you a dime.
A pay on death bank account passes to the named beneficiary and to no one else.  She is not obliged to give you a dime.

My brother passed away recently. He was retired, owned a house, has automated bills pay, and a bank account. Cant locate a will. ? How do I begin?

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
When someone dies without a Will, the court determines who are the heirs and issues letters giving someone authority over all the property so that they can settle the estate.  Hire a probate lawyer who practices in the county in which your brother lived and died.
When someone dies without a Will, the court determines who are the heirs and issues letters giving someone authority over all the property so that... Read More

My dad died last year in 08/11/20 and his sister didn't let me in my dad house. My dad left a will and a cd. That is what my dad told me. I haven't

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
In most states there is no longer a reading of the Will.  Instead, the Will is submitted for probate (proving that it is the Will of the person who died) and becomes a public document.  Please check with the local probate court clerk to see it.
In most states there is no longer a reading of the Will.  Instead, the Will is submitted for probate (proving that it is the Will of the person... Read More

Is there a time frame on contesting a will

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
Please take all the documents to a probate lawyer who practices in the county in which the person lived and died.
Please take all the documents to a probate lawyer who practices in the county in which the person lived and died.

How to find out if my mother had a will and if I am a beneficiary

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
A probate lawyer who practices in the county in which your parents died may be able to help you settle both estates.
A probate lawyer who practices in the county in which your parents died may be able to help you settle both estates.

CD is left POD to person, a conservative is put in charge of finances before death, they fail to put person's name back on CD what happens?

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
That lawyer knows more of the facts than anyone on this listserv.  You might ask him or her to explain why the answer changed.  Maybe new facts emerged.  Maybe the law changed.  It appears that now the CD is part of the probate process.  Because debts must be paid and a final tax return filed, it may well be more than a year before a distribution is made.... Read More
That lawyer knows more of the facts than anyone on this listserv.  You might ask him or her to explain why the answer changed.  Maybe new... Read More

How to settle ownership of an estate, Will is probated stating all 3 children coexecutors but oldest child claims ownership & refuses to buy others pa

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
As your probate attorney may advise you, possession is not nine-tenths of the law.  It is not even one-tenth.  The executor or, if there is no Will, the administrator can bring an action or, if the estate has been settled, either of the other siblings can bring an action for partition, necessitating a sale.... Read More
As your probate attorney may advise you, possession is not nine-tenths of the law.  It is not even one-tenth.  The executor or, if there is... Read More

What dp we do about land that was left to us and may need to go through probate to get an issue resolved.

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
First, while you write that your Mother left the land to you and your siblings, it is not clear that her estate was ever probated and a distribution deed died putting it in your names.  Once it is, demand that the squatter remover her mobile home and contact a local residential real estate lawyer if she does not.... Read More
First, while you write that your Mother left the land to you and your siblings, it is not clear that her estate was ever probated and a distribution... Read More

Sons dad died no will signed over rights age 11 son now 24 dad didn't want to payback child support of $14,000. Can he get inheritance or probate it?

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
He needs to hire a probate attorney who practices in the county in which his father lived and died.
He needs to hire a probate attorney who practices in the county in which his father lived and died.
Wills and Probate
Alabama

Helpful Resources