Claimed Lawyer ProfileQ&A
11 Questions Answered
- Q. My sister and I own(both names on deed)our home. Can she legally evict me and take my half?
- A: No, she can't. First, there is no contract of lease, so there can be no eviction. Second, if it is true that you and she were both deeded the property, then you have every bit the right to the land as she does and she can't eject or oust you simply because she wants to. Feel free to contact me if you need help with this.
- Q. I was arrested in bayminette al for a wood weed pipe with no weed but a little resin. I am a first time offender and 18
- A: It depends on a number of factors, including but not limited to whether you have any prior criminal convictions. I would recommend hiring an attorney to help you with this. If you are a first time offender, you can probably avoid jail time and possibly avoid having a conviction on your record if you can abide by the terms of your probation. Feel free to contact me if you need help with this matter.
- Q. When a tax lien for unpaid property taxes is purchased does the tax lien holder have legal right to enter the home?
- A: In short, no. Based on your question, I would guess that the person likely holds either a tax certificate or a tax deed (one may demand a tax deed three years after they acquire a certificate of sale, i.e. a tax certificate). In any event, they are not owners of the property in fee simple, and they therefore do not have the right to enter onto the property and change the locks without the owner's permission. You still have a right to redeem the unpaid taxes. This area of the law is fairly complex, and I would recommend consulting an attorney. If you are located in Mobile or Baldwin County and you feel like you need an attorney to assist you, please feel free to contact me.
- Q. My dad died and my stepmother did not probation his will am I entitled to anything that was my dads?
- A: An important question here is when did your father die? Wills may be probated no more than five years after the death of the decedent. Thus, if your father has been dead for longer than five years, the will may no longer be probated. If he died less than five years ago, anyone with a claim to the estate may have the will probated, including creditors and heirs. As an heir, you could have the will probated yourself. If you're in Mobile or Baldwin County, feel free to contact me if you would like help in this matter.
- Q. I got a seat belt ticket in alabama a couple years ago and forgot to pay it? Is there a warrant for my arrest?
- A: Probably. You should call the municipality or county where you got the ticket and find out. If you have a warrant out on you and you get pulled over, you WILL be arrested, so it would behoove you to fix this and get it behind you. If you got the ticket in Mobile or Baldwin County and would like legal assistance, feel free to contact me and ask for James P. Coleman III
- Q. I just bought a forclosure home from the bank. The house is occupied. How do I get the people in there out?
- A: You would bring an action in ejectment and have them ejected from the property. Of note here is that when a person's house is foreclosed on, they have a limited time to vacate the premises and, if they fail to do so, then they lose their right to redeem the foreclosure by paying what they owe within the statutory period of one year. If you are located in Mobile or Baldwin County, please feel free to contact me if you would like assistance in this matter.
- Q. In Alabama, dad passed, no will, he owned 80 acres in his name only, how do I, my mother, and my brother split the land?
- A: If your father has been dead for five years, then the time for being able to probate the will has passed. In Alabama, a will must be probated, if at all, within five years from the date of the decedent's death. With no will, your father's property devolves to his heirs at law, which would be your, your sibling and your mother, assuming that your mother was married to your father at the time of his death. Documents can be drafted showing attesting to the fact that y'all are his heirs and a deed can be drafted essentially deeding the property to y'all. If you're located in Mobile or Baldwin County, please feel free to contact me at 251-947-6247 and ask for James P. Coleman III if you would like an attorney to assist you in this matter.
- Q. In Alabama does a tax lien holder of land have legal right to enter property on land?
- A: If the owner does not wish for them to enter onto the land, then they are trespassers and the owner can demand that they not enter the land. One who holds a tax lien only as the rights to the land that the State of Alabama or the County in which the land is situated had to the land before it gave a deed to that land to the tax lien holder (i.e. the right to the taxes). The holder of the lien does not own the land outright. He must meet a certain set of requirements to be deemed the owner in fee simple, one of which is possessing the land for three years from the date he was entitled to demand a tax deed, and he must then bring an action of ejectment and quiet title to the land. Only then will he own the land in fee simple. If you're located in Mobile or Baldwin County and need assistance in this matter, please feel free to contact me at 251-947-6247 and ask to speak to James P. Coleman III.
- Q. My sister was arrested n Alabama with 4 grams of marijuana but she is from Arkansas. She has never been in trouble befor
- A: Where was she arrested in Alabama? She will likely be charged either with unlawful possession of marijuana in the first (if they determine that she intended to use it for something other than for her personal use) or second degree (if she intended it for her personal use only). I would guess that she'll be charged with unlawful possession of marijuana in the second degree, which is a class A misdemeanor. Class A misdemeanors in Alabama carry a sentence of up to one year and a $6000 fine. A municipal court would likely not sentence her to more than six months. Because she hasn't been in trouble before, a court would likely be willing to let her enter a pretrial intention program, where the charges would be dropped if she could follow the terms of her probation for the probation period. If this incident occurred in Mobile or Baldwin County, please feel free to give me a call at 251-947-6247 and ask to speak to James P. Coleman III. I would be happy to assist her in this matter if she needs an attorney.
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