Alabama: What to Do If an Administrator Withholds Estate Documents
Understanding Your Rights When an Administrator Withholds Estate Information in Alabama Disclaimer: I am not a lawyer and this is not legal advice. This article explains general information about Alabama probate practice to help you decide whether to speak with an attorney. Detailed Answer If someone appointed as an administrator (sometimes called a personal representative […]
Read article →How to Contest a Sibling’s Petition for Letters of Administration — Alabama
Challenging a Sibling’s Petition for Letters of Administration in Alabama: FAQ and Practical Steps Detailed answer — how to formally contest an application for letters of administration in Alabama If someone (for example, your sibling) has filed a petition asking the probate court to issue letters of administration for a deceased person’s estate in Alabama, […]
Read article →Alabama: Forcing a Spouse to Sell the House and Distribute Proceeds Under a Will
Can I force a surviving spouse to sell the house so the will’s proceeds are distributed? Short answer: Possibly — but whether you can force a sale depends on who holds legal title, what interest the surviving spouse has (ownership, homestead, or an elective/share right), and whether the probate court grants authority to sell. Under […]
Read article →How to Recover a Cash Bequest from a Sibling's Estate in Alabama
Detailed Answer When an executor refuses to cooperate in paying a cash bequest, Alabama law gives beneficiaries several tools to enforce the will and protect estate assets. The general path is: document the bequest and your status as a beneficiary; formally demand payment and an accounting from the executor; and, if the executor still refuses, […]
Read article →Filing a Notice to Creditors in Alabama: Step‑by‑Step FAQ
How the Notice to Creditors Process Works in Alabama Detailed answer — Overview and step‑by‑step process When a person dies in Alabama and an estate is opened in probate court, the personal representative (sometimes called an executor or administrator) must notify potential creditors of the estate so they can present claims for debts the decedent […]
Read article →How to be appointed executor in Alabama when a named executor refuses to serve
Can I be appointed executor when the person named first refuses to serve? Detailed answer — what to expect under Alabama law If your parent named your sibling as executor (personal representative) in the will, but that sibling refuses to serve, you can often be appointed instead. Alabama probate courts generally follow the will’s nominations, […]
Read article →Alabama Guide: Medicaid Estate Recovery, Home Liens, and Deed Transfers
Medicaid estate recovery and deed transfers in Alabama: can you be forced to give up your mother’s home? Short answer: Under Alabama law and federal Medicaid rules, you cannot be forced to sign over your mother’s deed while she is alive. However, Alabama’s Medicaid program can seek recovery from your mother’s estate (including her home) […]
Read article →Alabama: Why an Inherited House May Not Be a Probate Asset and Whether You Can Make Mortgage Payments Yourself
Short answer In Alabama, a house is not part of a decedent’s probate estate when ownership passes immediately at death by operation of law (for example, joint tenancy or tenancy by the entirety, a recorded transfer-on-death/beneficiary deed, or because it was held in a revocable trust). If the property did pass outside probate, you usually […]
Read article →Alabama — Can You Challenge a Sibling Using a Deceased Parent’s Bank Account Before Probate?
How to respond if a sibling is using your deceased parent’s bank account before an administrator is appointed Short answer Possibly — but your options depend on who legally owned the account, whether the account had survivorship or payable‑on‑death designations, whether your sibling had any legal authority (a power of attorney ends at death), and […]
Read article →Alabama — Can I Force Return of Sentimental Items from a Sibling During Probate?
Detailed Answer This answer explains, in plain language, how property that someone took from a decedent’s home or estate is handled during probate in Alabama and what options you have to recover sentimental items. This is educational information only and not legal advice. Who controls the decedent’s property during probate? When a person dies, control […]
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