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Frank Truncali
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Claimed Lawyer ProfileQ&A
Practice Areas
- Probate
- Estate Planning
- Elder Law
Fees
- Free Consultation
- Credit Cards Accepted
I accept Visa, Mastercard, and Discover. E-check is also available. - Rates, Retainers and Additional Information
Depending on the type of case I may be able to offer hourly or flat fees.
Jurisdictions Admitted to Practice
- Alabama
Languages
- English: Spoken, Written
Education
- Thomas Goode Jones School of Law, Faulkner University
- J.D. (2015) | Law
- -
- Honors: Dean's List Spring 2014, Eagle Scholarship recipient, Top Paper-Negotiable Instruments Course Spring 2014
- Activities: Jones Public Interest Law Foundation
- University of Alabama - Tuscaloosa
- M.A. (1999) | History
- -
- Activities: Worked as a teaching assistant for the 1998-99 academic year
- City University of New York - College of Staten Island
- B.A. (1997) | History and Secondary Education
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- I majored in History with a minor in Secondary Education. After graduation I earned a teacher's certificate from the State of New York.
- Honors: During my time as an undergraduate I earned a spot on the Dean's List and received academic scholarships based on my performance.
- Activities: I worked with the New York Public Interest Research Group to improve bus service to the campus.
Professional Associations
- Montgomery County Bar Association
- Member
- - Current
- Alabama State Bar # 2169I49R
- Member
- - Current
- Activities: Elder Law Section, Solo & Small Practice Section
- American Bar Association
- Member
- - Current
- Activities: Probate & Property Section
Websites & Blogs
- Website
- Frank Truncali-Attorney at Law
Legal Answers
6 Questions Answered
- Q. Where can i find online the AL codes/doc to file a conservatorship &codes to file for revocation of demented mothers POA
- A: Some probate courts have forms and code information online. I would look at some of the larger counties such as Montgomery or Mobile. On the POA, it all depends on the language in the document. Generally, the person that granted the POA is the one that files to have it revoked but in this situation that would be difficult. If affording an attorney is difficult, I recommend calling Legal Services Alabama at (866) 456-4995. You may qualify for legal assistance based on income.
- Q. What does it mean to " Deposit a will" at Probate court ?
- A: Depositing a will usually means delivering it to the probate court where it will be kept. It is generally deposited along with a petition to probate the will. The person named executor in the will normally starts the process. If that person is deceased, unwilling, or unable, to petition the court, then another family member can start the process.
- Q. What is the penalty for liquidating decedents assets and distributing them according to the will w/out going through pr
- A: The problems you could have by not probating the will would be related to changing the legal ownership of certain types of assets or dealing with an heir who believes the will distribution was not handled properly. If there is any real estate in the name of the deceased, probating may be necessary. Also, if they had any deposit or investment accounts with no co-owner or named beneficiary, then probate would be necessary. Additionally, probate gives creditors a specific amount of time to make claims against the estate. If you believe that there are any estate debts that need to be resolved, then probate is recommended. I hope this answer helps.
- Q. Estate go to wife of person who died?
- A: As long as a beneficiary in a will (Chuck) survives more than five days after the death of the testator (Bill), then Chuck's interest would go into his estate. As surviving spouse it should go to you first. That is the general rule. One exception would be if Chuck had specific language in his will as to how long his beneficiaries should live after his death.
- Q. I believe my mother had insurance policies that would pay upon death. How do I find out if I was a beneficiary of any.
- A: There are two ways to search for policies. The first is through the National Association of Insurance Commissioners. Their website is https://eapps.naic.org/life-policy-locator/#/welcome . They can do a search for you, but it could take up to 90 days for an answer. The second option is contacting insurance companies directly. If your mother only used certain insurance companies, then you can contact their life insurance department to see if you are the beneficiary of any policies. They may want you to fill out some forms before they check. I hope this information helps.
- Q. My mother died in AL, but her only property is real estate in TN (20K). Is probate necessary? Do we do it in AL or TN?
- A: It may be necessary to open two estates, unfortunately. You have to open an estate in the county where the person lived at the time of their death and then do an ancillary estate in the county where the land is located.
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