can figure out if alabama code 43-2-190 allows for it because code 43-2-22 seems to exclude it
Estate Planning Attorney
You need to contact an Alabama licensed attorney. I am a Georgia-licensed attorney. I do know that I have worked with an estate which was based here but which involved some Alabama real estate, and the Alabama probate court did appoint a Georgia-resident Administrator for the ancillary probate. If you're already working with an Alabama licensed attorney, you will probably need to get a second opinion, because it does not seem like there are very many Alabama attorneys answering questions on this site. Or perhaps your question is not getting to them because you are listed as in Georgia. I would try finding an Alabama attorney experienced in probate work and giving that person a call about this issue.
This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer to provide you with any protection against tax penalties. You should always consult your own attorney in order to obtain legal advice.
2 lawyers agree
As always Ms DiSalvo offers sound advice. You cannot figure this out on your own. You must retain an AL estates attorney to assist you. Talk to people got the Find A Lawyer tab here at Avvo and get in to see an estates attorney immediately to get a conclusive answer not a general answer at a general forum like Avvo.
LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is email@example.com , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
1 lawyer agrees
Wills and Living Wills Lawyer
No. 43-2-22 prevails. the 43-2-190 series is referring to non-resident acting as administrator (by definition an administrator is managing an estate where there is no will) where that non-resident administrator has already been appointed as administrator in another state and is now seeking to serve as administrator in Alabama. (Just for clarity, I am also licensed in Alabama.)
3 lawyers agree