Alabama: Can Payable-on-Death (POD) Accounts Be Used to Pay Estate Creditors?
Detailed answer Under Alabama law, funds held in payable-on-death (POD) accounts generally pass directly to the named beneficiary outside of probate. That means a POD account normally does not become part of the decedent’s probate estate and is not automatically available to pay creditors who file claims against the probate estate. The account owner’s intent […]
Read article →Alabama: Late Creditor Claims After the 90‑Day Notice Period — What Can Happen and What to Do
Late Creditor Claims in Alabama Probate: What Can Happen and What to Do Short answer (overview): In Alabama probate, a claim filed after the statutory 90‑day notice period is ordinarily subject to disallowance, but courts can allow late claims in limited circumstances. The personal representative (executor/administrator) may object, and beneficiaries may be protected if the […]
Read article →Claiming Your Share of a Parent’s Estate in Alabama — What to Do When There Is No Will
How to claim your share of a parent’s estate in Alabama when there is no will Quick note: This article explains general Alabama probate rules and common practical steps. It is educational only and not legal advice. For help with specific facts, talk to a licensed Alabama probate attorney or contact the probate court in […]
Read article →Surviving Spouse Rights After Intestate Death in Alabama
Understanding Your Rights as a Surviving Spouse in Alabama When Your Spouse Dies Intestate Disclaimer: This article is educational only and is not legal advice. Laws change and every case is different. Consult a licensed Alabama probate attorney to protect your rights. Detailed Answer — What rights you generally have in Alabama when a spouse […]
Read article →How to Become an Estate Administrator in Alabama When a Spouse Dies Intestate
What to do if your spouse died intestate and their family won’t cooperate — steps to get appointed as administrator in Alabama Disclaimer: This is educational information, not legal advice. For guidance about your specific situation, consult a licensed Alabama probate attorney or your local probate court. Detailed answer — clear steps under Alabama law […]
Read article →How to Claim Foreclosure Surplus Funds for a Deceased Parent in Alabama
Detailed Answer Short summary: If foreclosure sale proceeds produced a surplus after satisfying the mortgage and sale costs, those surplus funds belong to the decedent’s estate or to persons who inherit from the decedent. When the deceased owner’s estate was never probated in Alabama, you generally must (1) locate and document the surplus, (2) identify […]
Read article →Alabama: Recovering Surplus Funds — When Probate Is Required
Short answer No. You do not always need to open a full probate estate to recover surplus funds in Alabama. Whether you must open probate depends on who legally owns the funds, how title passed (if the owner is deceased), and how much the asset or surplus is worth. In many cases the person entitled […]
Read article →Transferring an Inherited Single‑Member LLC Ownership in Alabama
Short answer When a sole member of a single-member Alabama LLC dies, the deceased member’s ownership interest becomes part of the decedent’s probate estate. The personal representative (executor/administrator) must use probate authority to transfer the economic and ownership rights to the person(s) named by the will or by intestacy. The exact steps depend on the […]
Read article →Alabama: What Secretary of State Paperwork Proves an LLC Member Was the Sole Member?
Detailed Answer: Which Secretary of State documents will a bank accept to show a family member was the sole member of his Alabama LLC? Short answer: The Secretary of State can provide certified copies of the LLC’s Articles of Organization (also called the Articles or Certificate of Formation in some states) and a Certificate of […]
Read article →Alabama: How to Request an Accounting of Estate Assets During Probate
Can I ask the court to demand an accounting of all estate assets and transactions during probate? Short answer: Yes. Under Alabama law, beneficiaries and interested parties may request and often are entitled to an accounting of the estate from the personal representative (executor or administrator). If the representative refuses or the accounting is incomplete […]
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