How do I distribute wrongful death proceeds to rightful heirs in Alabama?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Alabama law, wrongful death claims are governed by Title 6, Chapter 5 of the Alabama Code. If you recover a settlement or judgment in a wrongful death action, you must distribute the net proceeds to eligible survivors ("distributees") […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Alabama
Detailed Answer When a Medicaid recipient in Alabama passes away, the Alabama Medicaid Agency may file a claim against the deceased’s estate to recover benefits paid on the recipient’s behalf. This process falls under Alabama Code § 43-8-84.1 (justia.com), which implements the federal estate recovery requirement of 42 U.S.C. § 1396p. To obtain and review […]
Read article →How to obtain and review corporate formation documents and bylaws affecting a decedent’s business interest in Alabama
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer If a business owner dies owning shares in an Alabama corporation, the personal representative (executor) of the estate may access corporate formation documents and bylaws to determine rights and obligations. Follow these steps: Identify the Entity: Obtain the exact […]
Read article →How can an interested party open probate for a decedent’s estate in Alabama?
Detailed Answer In Alabama, an interested party can initiate probate of a decedent’s estate by following a structured court process. Probate ensures the decedent’s assets are collected, debts are paid, and remaining property distributes to rightful heirs or beneficiaries. Determine the proper venue. File in the Probate Court of the county where the decedent was […]
Read article →What is the process for petitioning a court in Alabama to remove a personal representative for mishandling estate assets?
Detailed Answer Under Alabama law, you may petition the probate court to remove a personal representative (also called an executor or administrator) for cause, including mishandling estate assets. The key statute is Ala. Code § 43-2-810, which authorizes removal of a fiduciary for misconduct.[§ 43-2-810] To begin, file a written Petition for Removal in the […]
Read article →What Information and Duties Must a Personal Representative Provide to Heirs in Alabama?
Detailed Answer Administering an estate in Alabama carries specific obligations. A personal representative must keep heirs informed and handle estate assets properly. Below is an overview of the information and duties you must provide to heirs under Alabama law. 1. Overview of a Personal Representative’s Role Under Alabama law, the personal representative (sometimes called executor […]
Read article →Steps to File Probate Court Documents and Publish Creditor Notices in Alabama
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Filing probate court documents and publishing creditor notices in Alabama involves key steps under state law. Below is a step-by-step overview: Prepare Required Documents: Gather the original will (if one exists) and a certified copy of the death certificate. […]
Read article →How to Determine If a Transferred Vehicle Is Estate Property After a Decedent's Death in Alabama (AL)
Understanding When a Transferred Vehicle Becomes Estate Property in Alabama Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Alabama law, any asset owned by a decedent at the time of death generally passes through probate unless an exception applies. A motor vehicle becomes estate property when […]
Read article →How to Determine the Proper Venue for Opening or Transferring a Decedent’s Estate in Alabama
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer A. Understanding Probate Venue in Alabama In Alabama, the venue for a probate case determines which county’s probate court handles administration or transfer of a decedent’s estate. Probate venue […]
Read article →Should an executor confirm available estate funds before settling a creditor claim? – AL
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When administering an estate in Alabama, an executor must ensure the estate holds sufficient funds before settling any creditor claims. This duty protects the executor from personal liability and ensures that debts are paid in the proper order under […]
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