Estate Planning in Alabama | AL Legal Resources | FastCounsel

Proving Undue Influence or Lack of Capacity in Alabama Wills

Proving Undue Influence or Lack of Capacity for a Will in Alabama Disclaimer: I am not a lawyer. This article is educational and does not constitute legal advice. If you are involved in a will dispute in Alabama, consult a licensed Alabama attorney promptly. Short answer To challenge a will in Alabama on grounds of […]

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What Happens After You Submit an Insurance Claim — Alabama

After You File an Insurance Claim in Alabama: What to Expect and What to Do Next Short summary: After you submit a claim, the insurer will acknowledge receipt, investigate the loss, make a coverage decision, and either pay, partially pay, or deny the claim. You have rights at each step, and you can file a […]

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How to File a Special Proceeding to Recover Foreclosure Surplus Funds in Alabama

Detailed Answer Short overview: After a foreclosure sale in Alabama, sale proceeds that exceed the amounts owed (the “surplus” or “overage”) belong to parties with legal priority — typically the former owner first, then junior lienholders. Recovering surplus funds requires filing a court proceeding in the county where the foreclosure sale occurred, giving notice to […]

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Alabama — Confirming Your Ownership Percentage in Parents’ Real Property

How to verify your share of ownership in your parents’ real property under Alabama law Disclaimer: This article is for general information only and is not legal advice. Consult a licensed Alabama attorney for advice about your specific situation. Detailed answer — practical steps to confirm ownership percentage If you need to confirm your percentage […]

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Can a consent order be used to skip the court hearing and distribute the sale money by agreement? (AL)

Detailed Answer: When can a consent order replace a court hearing to distribute sale proceeds under Alabama law? Short answer: Sometimes. In Alabama courts, parties who hold all material interests in sale proceeds can often ask the court to enter a consent order directing distribution without a contested hearing. But the court will not approve […]

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How long does it usually take to get an out-of-state will approved in Alabama probate?

Out-of-State Wills and Alabama Probate: What to Expect This FAQ-style guide explains how Alabama probate courts typically handle wills executed in other states and how long the process often takes. It assumes no prior legal knowledge. This is educational information only and not legal advice. Detailed answer — how Alabama handles an out-of-state will and […]

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What can I expect as a timeline for an initial insurance offer after we send a demand? (AL)

How long it usually takes to get an initial insurance offer after you send a demand This FAQ explains what to expect in Alabama when you submit a written demand to an insurer. It describes typical timelines, what affects response time, practical next steps, and when to involve counsel. This is educational information only — […]

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What Happens if a Will Is Lost or Destroyed in Alabama?

Lost or Destroyed Will in Alabama What happens when a will is lost or destroyed under Alabama law? Short answer: If the original will cannot be located because it was lost or destroyed, Alabama law allows a will’s terms to be proven and admitted to probate so long as the person seeking probate proves the […]

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How are estate assets valued when calculating a surviving spouse’s statutory elective share in Alabama?

Detailed Answer What the statutory elective share protects The statutory elective share gives a surviving spouse a guaranteed portion of an estate regardless of what a will or some nonprobate transfers say. To determine that share, Alabama law generally looks beyond just assets that pass under the will. It uses an "augmented estate" concept that […]

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Which financial powers can be granted through a power of attorney during incarceration? (AL)

Financial Powers That Can Be Granted Through a Power of Attorney While Incarcerated (Alabama) Short answer: In Alabama, a principal (the person granting authority) can give an agent (the attorney‑in‑fact) broad or limited financial powers by signing a properly executed power of attorney (POA) before or during incarceration. Typical financial authorities include paying bills, managing […]

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