Claimed Lawyer ProfileQ&A
- Elder Law
- Estate Planning
Additional Practice Area
- Special Needs Planning
We are willing to provide a no-obligation consultation for estate planning services. We are unable to provide a fee quote until after we learn about a client's situation. If the client decides to engage us, the initial meeting is included in the total cost.
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- Sirote & Permutt, P.C.
- Tulane University School of Law
- Pro Bono Service Certificate of Appreciation
- Alabama Access to Justice Commission
- In recognition of providing 50 or more hours of pro bono service to low income residents in Alabama
- L. Burton Barnes, III Award for Public Service
- Birmingham Bar Association
- Birmingham Bar Association
- - Current
- Activities: Member of the Small Firm/Solo Section
- Certified Elder Law Attorney (CELA)
- National Elder Law Foundation
Websites & Blogs
113 Questions Answered
- Q. Can a clause be written into a will that if one of the heirs contests the will they get nothing?
- A: Yes. I usually tell clients that a "no contest" or "in terrorem" clause is enforceable in Alabama, however, courts will strictly construe these clauses, meaning that the court will almost look for a reason not to enforce the clause if possible. Nonetheless, these clauses can be important because they will make someone think twice about challenging a Will. I should note that these clauses only work if you leave the individual something in the Will. Otherwise, they have nothing to lose if they decide to challenge the Will. We commonly recommend leaving them enough to make them think twice about challenging the Will, e.g., leave a beneficiary $10,000 as opposed to $10.
- Q. What can I do when executor is running up expenses?
- A: I am sorry for your loss. You can always hire an attorney to file a petition to remove the Administrator and seek to recoup expenses. However, when an Administrator closes an estate he or she must get the consent of the heirs. If the heirs refuse to consent, the probate court will hold a final settlement hearing. In other words you will be afforded an opportunity to address this spending at the end. It is during this process that you as an heir can challenge the actions (and spending) of the Administrator. The court can disallow expenses if it feels they are unreasonable. Courts generally give Administrators a lot of latitude and the cost of filing a challenge can cost thousands of dollars. Therefore, it might be a good idea to voice your concern about additional expenses with your aunt. Perhaps you discuss this issue and arrive at a solution moving forward that avoids a costly court battle (the Administrator's legal fees in defending herself are paid from the estate). Of course if you would like specific advice as to whether you should take any action, you should consult with an attorney.
- Q. A grandfather died intestate and left an estate vested to his kids who did not probate it and also died intestate.
- A: As with most legal questions, there is a need for some additional facts before someone could give you a firm answer (e.g., time of death, type of property). In general, if a grandparent died intestate and his children survived him by more than five days, their share of his estate became a part of their estate. The applicable Alabama Code section is below. Upon the death of the child, that child's heirs (which could be a spouse) would take their estate. For example, let's assume a grandfather died survived by three children: A, B and C. No action was taken on his estate. A has two kids, B has a spouse and 1 child and C has no children. Assume A, B and C all die. What happens to grandfather's assets? In this situation, A, B and C each got 1/3 of grandfather's estate and their 1/3 shares are to further pass as follows now that they are deceased: A- equally to his two kids B- all to spouse (depending on amount) and perhaps split between spouse and child C- to A and B estates, and then to the individuals above As you can see it is a highly fact specific analysis and it might be a good idea to speak with an attorney in your area. Given that so much time has passed, I am going to guess that we are talking about land. It may therefore be most efficient to speak to a real estate attorney or title company about "getting good title to the land." Best of luck! Section 43-8-43 Requirement that heir survive decedent for five days. Any person who fails to survive the decedent by five days is deemed to have predeceased the decedent for purposes of homestead allowance, the exempt property and intestate succession, and the decedent's heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by five days, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the state under section 43-8-44.
Contact & Map