The lady has a will for all to go to her children. If her fiancée stays about 6 months a year. Does he get her estate at her death?
Alabama no longer recognizes common law marriage so he would not be entitled to assets that are just in her name. However, if they have joint accounts or he is named as beneficiary on her accounts, then he would get those assets.See question
I got taken from my mom at 14 and got places with my grandparents. When I turn 18 can I go back to live with my mom, without anyone stopping me?
The age of majority in Alabama is actually 19. Until you reach that age, you will have to get the court to approve of any transfer of residence. You can file to be emancipated which means no one would have custody of you or your mother could file to get custody back. If your grandparents do not object it should not be difficult but it depends on the circumstances.See question
Ownership of a home was given to the husband in a divorce decree, but the ex-wife's name remained on the original loan contract with mortgage co, since he had not had not refinanced to get loan contract in his name before his death. Would like to...
It is likely that the divorce decree transferred ownership of the home to the husband based on these facts. However, if the divorce decree limited the amount of time that husband had to refinance or put some other conditions on the transfer of ownership to the husband, then that may not be correct. If the husband did own the house, then his estate now owns it. I would advise taking the divorce decree and other related paperwork to a probate attorney in your area to get this resolved.See question
We had to place my mother in a nursing home when she became delusional and paranoid following my father's death. We had stayed with her or had her stay with us for 14 months. She was diagnosed in a treatment center at the hospital as having alzhe...
I would advise you to talk to an Elder law/Medicaid attorney asap. You are not personally obligated to pay for her care. An attorney who specializes in Elder law/medicaid can tell you exactly what you need to do to get her qualified. You also need to get a good power of attorney from her while she is still competent so that you can do this planning in case she becomes incompetent. The power of attorney needs to allow you to do trust planning and give other powers that most "standard" powers of attorney do not.See question
I believe my Dad is doing some sort of meth or other drugs. On a normal basis, he stays up for 2-3 days straight without any sleep and has gone up to 5 days and nights. He said he was working (he isn't employed, but is a mechanic and does side wor...
Unfortunately in Alabama, there are not many options for people who are mentally ill but will not acknowledge it until they "do something" to harm someone or themselves. To do an involuntary commitment, you will need a doctor to state that your father is incompetent and a danger to himself or others. However, drug dependency and the actions that go with it are not usually grounds for incompetency. If he will not seek help, then I suggest you get restraining orders against him. If he violates those, you could have him arrested and then try to use the criminal system to force him into rehab as part of his pretrial diversion or probation. Sorry there are no good options.See question
In 1990 I was attending Auburn University and was in contact with the Navy for admittance into their nuclear engineering program. It was at that point when I was proselytized by the Seventh-day Adventist church. Upon entering the church I was stro...
I am sorry for all you have been through. In a lawsuit, you have to be able to prove liability and damages. Unfortunately, you made the choices yourself to conform to their teachings. Therefore, they have not breached any duty owed to you and likely have no liability. Secondly, you would have to prove that something they did wrong caused your damages (mental illness in this case). It seems you may also have trouble proving that the church itself caused your mental issues. I hope you recover and wish you wel..See question
My daughter best friend want me to get her baby. I do want the baby and I am hoping she change her mind. She is 21
I agree that an adoption is the way to proceed if everyone is in agreement. You will need to contact a family law attorney that handles adoptions to proceed.See question
My great aunt has been declared incompetent. She has a court appointed guardian who has not been very cooperative so far. Need to see what my options are to be added to her paperwork to receive info on her wellbeing. What would I need to do to hav...
I think that you do need to contact an Elder Law attorney there is Charleston. Unless you have power of attorney, you have no authority to act on her behalf. Since she has a court appointed guardian, that is the person who has authority to make decisions on her behalf. The first thing you are going to have to get is the authority to act on her behalf. Only a court can give that authority to you. You will need a good lawyer to help you get that authority.See question
house & contents not in dispute. Several Bank accounts, stocks and bonds are in question.
The residuary clause only covers things that are in the probate estate not otherwise specifically disposed of in the will. It sounds like the house was a specific bequest to one child and therefore would not be part of the residuary estate. The probate estate itself ( which is what is governed by the terms of the will) does not include assets that are otherwise disposed of by beneficiary designations or payable on death type of dispositions. For example, a life insurance policy is typically left to a "beneficiary" which means it is paid outside of the probate estate and therefore not governed by the will.See question
My grandfather passed away before I was born and my grandmother passed about 20yrs ago. Together, they have three kids together, my dad(during marriage), aunt, and uncle. My dad passed away in 2008. Since my grandmother passed years ago, my cousin...
Under the laws of intestate succession in Alabama, you have a legal interest in your dad's estate. Your dad had an interest in your grandmother's estate. Unless the real estate was owned with a "right of survivorship" to your cousin or someone else, the real estate would be part of both your grandmother's estate and then, when she passed, became part of your father's estate. I would contact an estate planning/probate attorney asap so you can determine how title to the real estate is held and see what interest you may have in the property.See question