What steps should be taken to negotiate and settle a creditor claim during probate in Alabama?
Disclaimer: This information is not legal advice. It is provided for educational purposes only. Consult a qualified attorney for guidance tailored to your situation. Detailed Answer Overview In Alabama probate, the personal representative handles creditor claims against the estate. Resolving these claims efficiently preserves estate value and avoids court disputes. 1. Identify and Verify Creditor […]
Read article →What Documentation Should an Executor Gather to Respond to a Creditor’s Settlement Demand in Alabama?
Detailed Answer When a creditor submits a settlement demand during probate in Alabama, the executor must gather specific documents to review, negotiate, or dispute the claim. Under the Alabama Probate Code, an executor must first confirm authority and then assemble records that show estate assets, liabilities, and prior notices. Below is a checklist of essential […]
Read article →How can an executor in Alabama challenge a creditor claim on predatory lending grounds for an elderly decedent?
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 When you serve as an executor in Alabama and face a creditor’s claim that appears rooted in predatory lending to an elderly decedent, you can challenge that claim through […]
Read article →How to access and withdraw money from a deceased person’s bank account during probate in Alabama
Detailed Answer Disclaimer: This information is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding probate matters in Alabama. When a person dies owning a bank account in Alabama, the funds remain part of the decedent’s estate until properly distributed. Accessing and withdrawing those funds requires compliance with […]
Read article →Factors That Determine the Total Cost of Administering an Estate in Alabama
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Alabama, the probate process involves multiple steps before an estate can be closed. The total cost of administering an estate depends on several key factors: Estate ComplexityEstates with varied assets—real estate in multiple counties, business interests, or out-of-state […]
Read article →How to Seek Guardianship or Conservatorship for an Incapacitated Relative in Alabama
Detailed Answer Under Alabama law, you can seek guardianship or conservatorship for an adult who cannot manage personal or financial affairs due to incapacity. A guardian makes decisions about health care, living arrangements and personal care. A conservator handles financial matters such as paying bills, managing investments and filing taxes. 1. Determine Incapacity File a […]
Read article →How to Locate and Verify Original Wills and Codicils in Alabama Before Opening Probate
Detailed Answer Before you open probate in Alabama, you must locate and verify the decedent’s original will or any codicils. This process helps confirm the document’s authenticity and ensures the court distributes assets according to the decedent’s wishes. 1. Searching Likely Storage Locations Start by checking places where important papers are often kept: Safe deposit […]
Read article →Which documents and certificates should be collected to begin estate administration in Alabama?
Detailed Answer Beginning estate administration in Alabama requires gathering key documents and certificates. Collecting these items early ensures a smoother probate process. Below is an overview of essential materials and their legal basis. 1. Certified Death Certificate Obtain multiple certified copies of the decedent’s death certificate from the county health department. Alabama law requires a […]
Read article →How to Manage Estate Expenses and Ongoing Bills During Probate in Alabama
Detailed Answer When a loved one passes away in Alabama, the probate court appoints a personal representative to manage the estate. This person—often called an executor or administrator—must identify assets, secure property, and pay valid debts and ongoing bills from estate funds. Here’s how to handle each step. 1. Obtain Letters of Administration or Testamentary […]
Read article →What Options Exist for Selling or Transferring Real Property When an Heir Is a Minor in AL?
How to Sell or Transfer Real Property When an Heir Is a Minor in Alabama Detailed Answer Under Alabama law, a minor (under 18 years old) cannot legally enter into binding contracts, including real estate transactions. To sell or transfer an heir’s interest in real property when the heir is a minor, you generally need […]
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