Skip to main content
Douglas C Martinson
Avvo
Pro

Douglas Martinson’s Answers

334 total


  • Does legal guardianship revoke when your child is married

    we had this done in 2002 she was born in 83 this was due to emotional and some mental she is also an epileptic she was granted ssi and Medicaid she married 2 years ago and is possibly losilng both at this time Her husband is not able to afford ...

    Douglas’s Answer

    A Guardianship ends when the Ward (person who has a Guardian) turns legal age of 19 or becomes competent. You can still be married and have a Guardianship over a person. Since your daughter was over 19 when you had the Guardianship done, it is still in effect. She would have to go to Court and prove (with medical testimony) that she is competent.

    Depending on the nature of her incompetency, the marriage may not be a legally binding one.

    You should contact a Probate attorney in your county. Good luck!

    See question 
  • My siblings wont let me see my parents will.How can i get a copy if it hasn't been probated?

    I'm the oldest of 3 after both my parents past my siblings wont let me see the will.

    Douglas’s Answer

    Sorry for your loss as well. If your parents had a will, you can file a Motion in Probate Court to require they turn the will over to the Court. If they didn't have a will, you can file an Administration of the Estate. You will need an attorney so contact a Probate attorney in the county where they lived.

    See question 
  • My brother recently passed away and did not leave a will. I am trying to get executorship to his estate.

    They say I have a half sister but she is refusing to sign paperwork. What can I do?

    Douglas’s Answer

    Sorry to hear about your brother. You can become the Administrator of your brother's estate by filing a Petition in the Probate setting our the names and addresses of his heirs at law, what assets he had with an estimated Vasile of them and a bond on you for the value of those assets. One other caveat is hat you must be a resident of Alabama.

    His sister doesn't have to sign anything for you to be appointed.

    If he died in Alabama, I would be glad to meet with you and discuss the procedures. My number is 256-533-1667.

    Doug

    See question 
  • Can I file a 2003 will for probate if a 2005 will also exists, but the validity of which is being challenged?

    The '05 will has already been presented for probate, but the judge has not ruled on whether to probate will or stay the proceedings until the appellate court decides the validity of the will. The attorney the executor claimed drew up the '05 will...

    Douglas’s Answer

    If the 2005 will is valid and was drafted by an attorney, it probably revoked any prior Wills or Codicils in which case that 2003 will cannot be filed. Just because there is a physical original will doesn't mean it is valid if it has been revoked by the later will.

    It sounds like you have an attorney and the case is on appeal therefore the probate is stayed until such time. If there is not a Personal Representative over the estate, the assets should be protected and safeguarded and court could appoint someone to do that or if there are only cash assets, they can be frozen until the appellate courts make a decision, which could be a year or more.

    See question 
  • Am i considered common law married?

    Me and Randy have lived together in the same house for almost 1 yr now liking a week, He works i don't, we share the same house, The house is in his name only, my car is in his and my name, he makes all the payments, house, car, insurance, water, ...

    Douglas’s Answer

    Under Alabama law, common law marriage is a question of fact. If you hold yourselves out to the public as married (tell people you are married, have joint debts, tax returns, receive mail as Mr. and Mrs., etc) you could be married. It all depends on intent of both of you and both of you have to consent to the marriage. Stating on the deed or purchase of property qualify as a legal common law marriage, but you have to look at the totatlity of facts.
    you should have an agreement regarding the property you own together and other assets or just have ceremonial marriage.

    See question 
  • After my mother in laws' passing, we (husband and I) have received a final bill of around 10 thousand. We have P.O.A. Will we be

    expected to pay this? No money is left in her (M-I-L's) account. She did however leave a home free and clear of debt.

    Douglas’s Answer

    Neither you nor your mother would be liable for any debts of your mother in law if you signed as POA. You were simply acting on her behalf and anythng you or your husband signed as POA was for her benefit and she woudl be liable and not the POA.

    The estate, if there are any probate assets (solely titled in her name), would be liable for the debt if they file a claim against the estate. If there are no probate assets (all are titled JTWROS) then there is no esate nd the debt is not paid.

    See question 
  • I deposited estate funds with a Florida attorney who was suspended. How can I retrieve these funds on behalf of the estate?

    I understand that the suspended attorney's accounts were frozen.

    Douglas’s Answer

    You should contact the FL Bar and the local county bar assocition and see who is in charge of the attroney's practice and if there is a Bar recovery fund for misappropriation of any client funds.

    See question 
  • How can we get a estate audit in alabama if we feel estate is being misused?

    Cousin dead three years ago left a will. Two children stayed with grandma and the other two stayed with father. Children are 20, 18, 18, and 13. Grandmother doesn't want to give money to two.I want to see if see misused it.and all money is count...

    Douglas’s Answer

    if the will has been probated, you can have an attorney request the Executor to give you an accounting of the assets of the estate along with the income and expenses. Since several beneficiaries are minors, a Guardian ad Litem (an attorney appointed by the court to represent the minors), will be appointed.

    Under Alabama law, an Executor is required to give a yearly accounting, so see a probate attorney and make that request.

    See question 
  • Can my husband make a new will and select a new beneficiary without notifying me? Do we need to register them at the courthouse?

    Our lawyer said we didn't need to register them. Would that help keep him from making new one without me knowing I wasn't beneficiary anymore?

    Douglas’s Answer

    I agree with the other answers. A will cannot be filed for Probate until 5 days after the death of the Testator (person who made the will). It must be the LAST Will and Testament and it is private so no one can go and see if they are left out of a will or if it is changed.

    See question 
  • What kind of lawyer can help with a complicated situation between a bank pension & estate in probate?

    My late father worked for a Bank for 20+ years and has a pension with them that we were originally granted access to but was then retracted due to issues with the accuracy of his social security earnings, which is admittedly the Bank's fault. Yet,...

    Douglas’s Answer

    I agree with the previous answer and your first step is to get an estate open and try to get information using your appointment from the Probate Court. Once you find out the information, you will probably need to get a Tax Attorney to assist wtih the other matters.

    See question