What formal requirements ensure a power of attorney executed in prison is legally valid? (AL)
Detailed Answer — Formal requirements for a power of attorney (POA) signed in an Alabama prison Short answer: Under Alabama law, a power of attorney signed in prison must meet the same core formal requirements as a POA signed outside: the principal must have capacity, the document must express the principal’s authority clearly (including durable […]
Read article →What documentation and appraisal process are needed to prove my car’s diminished value? (AL)
How to Prove Your Car’s Diminished Value in Alabama Disclaimer: This article is for general informational purposes only and is not legal advice. If you need legal advice about a specific situation, consult a licensed attorney in Alabama. Detailed answer: what diminished value means and why documentation matters Diminished value is the loss in a […]
Read article →How does the diminished value process work if I do not own my car? — Alabama (AL)
Detailed Answer What diminished value means: Diminished value refers to how much a vehicle’s market value falls after it has been in an accident, even if repairs look perfect. The reduction reflects buyer perception, accident history reports, and loss of “clean” condition in the vehicle’s market value. Who can actually claim diminished value in Alabama? […]
Read article →Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? (AL)
Detailed Answer Short answer: Generally, no — under Alabama law wrongful death proceeds are a statutory recovery for the benefit of the decedent’s survivors and are not distributed simply according to the decedent’s will. However, a related survival action (if any) is part of the decedent’s estate and can be distributed according to the will […]
Read article →How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in Alabama
Detailed Answer During probate administration in Alabama, the court requires the original will or a certified filed copy to admit it for probate. Follow these steps to obtain and submit the document correctly under Alabama law. 1. Locate the Original Will The original will often resides with the decedent’s attorney, in a safe-deposit box, or […]
Read article →How do I invoke an insurance appraisal clause to challenge a low diminished value offer in Alabama?
Detailed Answer An appraisal clause is a contractual mechanism in most property and casualty insurance policies that lets a policyholder and insurer resolve disagreements over the value of a loss outside of court. In Alabama, property insurance policies must include an appraisal provision that binds both parties to an independent valuation process. Diminished value represents […]
Read article →What information and documents should be gathered before the decedent’s passing to streamline probate in Alabama?
Detailed Answer This article explains what you should collect before a loved one’s death to prepare for probate in Alabama. Gathering key documents early saves time and reduces stress. Probate in Alabama follows rules set out in Alabama Code Title 43, which governs wills and estate administration. 1. Personal and Family Information Full legal name, […]
Read article →How to Validate and Certify an Affidavit of Collection to Collect Personal Property in Alabama
Detailed Answer Under Alabama law, when you need to recover possession of personal property wrongfully detained by another party, you must file a Writ of Replevin in your county’s circuit or district court (Ala. Code § 6-6-350). Central to that process is an affidavit of collection (often called an affidavit of replevin) that establishes your […]
Read article →What steps are required to file a petition claiming surplus funds from a foreclosure proceeding in AL?
Disclaimer: This article provides general information only and is not legal advice. You should consult a qualified attorney to discuss your specific situation. Detailed Answer In Alabama, a successful foreclosure sale may generate surplus funds when the sale price exceeds the total debt, accrued interest, and sale costs. Claiming those funds requires a formal petition […]
Read article →Do I Get an Ownership Interest in Alabama Real Property by Paying the Mortgage?
Detailed Answer In Alabama, paying the mortgage on a property does not by itself give you an ownership interest. Ownership depends on who holds title as recorded in the deed. Mortgage vs. Title: When someone borrows money to buy real estate, they hold legal title as the mortgagor, and the lender holds a lien. Your […]
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