Douglas C Martinson II’s Answers

Douglas C Martinson II

Huntsville Guardianship Law Attorney.

Contributor Level 13
  1. Can I write my last will and testament

    Answered about 1 year ago.

    1. Christopher Jon Finley
    2. Douglas C Martinson II
    3. Paul Rutledge Durr III
    4. Kelly Scott Davis
    5. Clarence Blake West
    6. ···
    6 lawyer answers

    Sorry about your illness but am glad you are facing it and handling your affairs. Because of your situation, you should have an attorney draft your will to make sure that it is properly executed and will hold up in court. About 10 years ago, I was involved with probating a will a person types up himself but didn't have it executes properly. Because of that half of his property went to the person he didn't want it to go to.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My brother is executed of my moms estate and he got all her computers I phone and I pad 5days before her death because he knew

    Answered about 1 year ago.

    1. Donna R Blaustein
    2. Steven M Zelinger
    3. Douglas C Martinson II
    4. Clarence Blake West
    4 lawyer answers

    i agree with the other answer. Your brother will have to probate your mother's will to be appointed as the Personal Rep. He will have to account to you for your mother's assets. the only Red Flags to look out for are any assets held as Joint Tenants with Rights of Survivorship (JTWROS). Those assets pass outside of probate regardless of what the will says. Same for assets with Beneficiary Designations (Life Insurance policies, IRA or retirment accounts). Once the will is filed for...

    9 lawyers agreed with this answer

  3. How can i find my trust fund

    Answered about 2 years ago.

    1. Douglas C Martinson II
    2. Steven J. Fromm
    3. Wallace Ray Nichols Jr.
    3 lawyer answers

    there are several different types of trust. If you don't have a copy of it, you can ask the trustee to give you a copy, if you know who the trustee is. You can also look at the probate records and see if the trust was established in a will (a testamentary trust). You could also look at any bank statements or checks and see if there was a trust account at a bank or financial institution. You can also go on the State of Alabama Treasurer's website and look for lost property in your name or...

    9 lawyers agreed with this answer

  4. Are step-children entitled to recieve inhertance from a step parent if there are no notarized/probated will?

    Answered about 1 year ago.

    1. Douglas C Martinson II
    2. Jeffry Norman Gale
    3. Clarence Blake West
    4. Donna R Blaustein
    4 lawyer answers

    Step children are not heirs at law and not entitled to anything from an intestate estate and not entitled to notice of the proceedings.

    Selected as best answer

  5. A client has passed away, leaving a substantial amount of money due to my business. How do I file a claim against the estate?

    Answered 11 months ago.

    1. Douglas C Martinson II
    2. Frank A. Natoli
    3. Frances Parker Quarles
    3 lawyer answers

    You will need to check the Probate Court where he died and see if they have filed a probate for the Estate. When the family opens and estate, you will need to file a claim against the estate. If the family doesn't open an estate there are provisions for you to open the estate as the largest creditor. You should see an attorney to help make sure you do this properly as there are deadlines to file a claim.

    7 lawyers agreed with this answer

  6. My Dad has 4 kids he may have left everything to my 1 brother what can i do ?

    Answered about 1 year ago.

    1. Douglas C Martinson II
    2. Joseph Franklin Pippen Jr.
    3. Joseph Michael Pankowski Jr
    4. Peter Monfore Neil
    4 lawyer answers

    Of your father is still living, the will will not be in file is probate court. A will cannot be filed until 5 days after the death after the death if the person since it must be the Last will your father executes. Your father is free to leave all of his assets and property to whoever he chooses and he doesn't have to leave you or your other siblings anything. After his death and when the will is filed, you can contest the will if it wasn't properly executed, your father was unduly...

    7 lawyers agreed with this answer

  7. Is there a way to change a property deed back to a parent and remove children previously added in the state of Alabama?

    Answered over 1 year ago.

    1. Douglas C Martinson II
    2. John P Corrigan
    3. Grzegorz P Michalak
    4. Christopher Adam Callaghan
    4 lawyer answers

    Your dad will need to meet with an attorney and look at the deeds (the original one when they bought te house and when they changed it to add all the children). It will depend on if he signed the deed and how the property was titled

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. In Alabama Can a MD dismiss an elderly patient he has seen 28 years for nothing?

    Answered 7 months ago.

    1. Douglas C Martinson II
    2. Elizabeth Taylor Herd
    3. Clarence Blake West
    3 lawyer answers

    Yes, the doctor can dismiss him as a patient. You do not have a case for slander against the doctor. you have to prove damages and you have no damages.

    6 lawyers agreed with this answer

  9. I am considering liquidating my fixed assets and giving the money to my 4 adult children. What are the tax ramifications?

    Answered almost 2 years ago.

    1. Douglas C Martinson II
    2. L. Maxwell Taylor
    3. Steven J. Fromm
    3 lawyer answers

    From an estate tax standpoint, there is no reason to give away your assets. There is no estate tax in Alabama and your estate is below the Federal Estate Tax limit ($5,120,000 now and $1m in Jan, unless Congress revises the law). One other consideration is for Medicaid purposes if you have to go into a nursing home. If you make this gift, it will be considered a transfer and you would not be eligible for Medicaid benefits until the penalty period expires. But if these are not...

    6 lawyers agreed with this answer

  10. I had a child from an affair. The father has since passed away several years ago. Can I seek To obtain anything from his estat

    Answered almost 2 years ago.

    1. Jeramie J. Fortenberry
    2. Douglas C Martinson II
    3. James P. Frederick
    4. Steven J. Fromm
    4 lawyer answers

    The answer will depend on whether the father had a will. If he had a will leaving him out, your son woudl have a hard time getting anything from the estate if he wasn't left anything in the will. If he died withouth a will, your son would need to file a claim in the estate that he is a heir at law. He has 6 months from the time that anyone is appointed to notify the estate that he is an heir, so he needs to move quickly on this. One other issue to consider is that if the father held all...

    6 lawyers agreed with this answer