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Douglas C Martinson II
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Douglas Martinson’s Answers

417 total


  • Can we ask for punitive damages if we can prove undue influence in a will contest?

    We believe our father was taken advantage of by a friend, just before he died. He made a new will, leaving everything to the friend. If we can prove that he was unduly influenced by his friend into making the new will, can we ask for punitive dama...

    Douglas’s Answer

    You cannot get punitive damages in a will contest case. Will contest cases are difficult to prove and there is a Code Section in Alabama that if you are unsuccessful in a will contest you can be liable for attorney fees to the estate for defending the action.

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  • Is my sister allowed to kick me out of home and everything on land that I have built and paid for take from me?

    Me and my sister share same house and land. Our mother owned the place. Mother was busted for conspiracy to distribute meth.and my sister's husband was busted with them.Now it's been five months since the bust and mother puts place in sister's nam...

    Douglas’s Answer

    If your mom transferred the seed to your sister and it is valid, the house is hers and there is very little you can do. You can attempt to challenge your mother's competency or if there was an agreement for your sister to take care of your mother and she isn't doing that it could be voidable. But is will be a difficult case. I would suggest you contact and attorney in the county where the property is and see if there is anything you can do.

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  • Why would I have to sign a waiver of notice of probate of will if my name is not on the will

    My father recently passed, he and my mother were never married. I met him once when I was 8 ,no birthday cards, Christmas presents,no nothing! I contacted him when I was 33. He told his wife about me ( he was married to her when I was conceived) ...

    Douglas’s Answer

    Because you are an heir at law, the law requires for you to be notified of his death and his last will and testament. As an heir, if the will is invalid you would inherit under the intestate laws of Alabama.

    You have 6 months to file a will contest and you have to be given that notice.

    If you sign the Notice, you don't give up your right to contest the will or file a claim against the estate.

    If you don't sign, the Executor will be appointed after a hearing.

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  • Can I use a cease and desist or sue for Slander/harassment?

    A brother's girlfriend has been making false allegations against me and my mother. It started off as he said she said and we didn't care anything about it. We told my brother to handle the situation numerous times it got worse. (Everything is on ...

    Douglas’s Answer

    This is not a Power of Attorney question. I would suggest that you post under another category, Libel and Slander. That said Defamation cases are extremely difficult to win and prove damages.

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  • What age can you get married without parental consent in Alabama?

    How old do I have to be to get married in Alabama without parental consent?

    Douglas’s Answer

    You have to be 18 to marry without parental consent.

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  • At what age can I legally decide to go live with my mother again? Without anyone stopping me.

    I want to go back and live with my mother. 4 years ago the court took me away. But I will be 18 soon. I want to go back to my mom. Can I do this at 18 and no one be able to stop me?

    Douglas’s Answer

    You have asked this question a few times but the best thing to do is see an attorney or the Judge with the Guardianship to pursue this and make sure that moving back in with your mother is in your best interests. Good luck!

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  • If I have a place to go, when I turn 18, can I move out without consent?

    I live with my grand parents, I have since I was 14, due to my mom failing a drug test. It's been 4 years, and she got to keep my youngest sister. & she is also on color code, so she's clean. She has been for a long time now. So, when I turn 18 in...

    Douglas’s Answer

    You can go live with your mother and you could also apply to the court to be emancipated. You can apply to the court to be declared to be the age of majority for legal purposes, which is called Removal of Disabilities of Non-age. You will have to prove to the court that you are responsible and a Guardian ad Litem will have to be appointed to make sure it is in your best interests.

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  • When I turn 18 in this coming January, can I go live with my mom again?

    When I was 14, my brother and I got taken from my mom. But my sister who was 4 at the time (her dad is my step dad) never got taken away, but my brother and I did. I'm about to be 18 on Jan 7 2017. Can I go back and live with my mom without anyone...

    Douglas’s Answer

    You can. Depending on your age now and your and your mother's circumstances, you could possibly go love with her now. If you are in a bad situation now, you should contact an attorney or child protective services with DHR.

    Best of luck and make sure you are in a safe place

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  • My dad was a veteran and just passed his discharge papers show that he had a 10000$ policy is my mom entitled to that

    army discharge

    Douglas’s Answer

    Sorry to hear about your father's death. If your mother is the beneficiary of the policy, she needs to file a Claim form with the Army to receive those funds. They will need a Death Certificate and some information on your mother. The Army should be able to help her with that and she shouldn't have to file for probate if she is the beneficiary.

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  • When a minor is listed as a POD beneficiary and the time comes to process it who can process or claim for the child.

    When a minor child or two minor children are listed on checking accounts and life insurance policies as payable upon death beneficiaries and the account holder or owner passes away who is allowed to file the claims and who holds or manages the mon...

    Douglas’s Answer

    If the account is under $5,000, a parent can get the account transferred to them. however, if the account is over $5,000, a Conservator will have to be appointed to get control over the account. The Conservator will be bonded so that if there is any misuse of the funds, the bonding company will reimburse the minor for the money that was misused and would sue the Conservator for the misuse.

    The Conservator will have to do an accounting to the court every 3 years and have receipts for all the money that was spent to insure the money was used for the minor.

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