Alabama name change law section 26-11-3
said father can file petition to change his child’s name. My wife and I decided to change my kid’s name because kid’s classmate and teacher always mispronounce his name. The probate judge in our county set up a rule that we must hire a lawyer to file petition. I can handle the filing why should I hire a lawyer? I challenged the judge that state law did not require legal parents to hire a lawyer.
The judge replied me : “I do not want to argue with you and this is my rule. I am done with you.” What should I do and what is my option? I think the judge violated my rights and contracted with state law, did he?
The probate judge set up his rule: For minor name change, the parents must file petition through an attorney. and his clerk told me that is the law. I asked them to show me the book and what I find through online search is Alabama state law does not said that.
http://www.namechangelaw.com/states/AL/alabama.htm
Things to us is even much simpler. Both my wife and I want to change the name and both of us are the biological and legal parents of the kid.
Wow. That’s crazy. An uncontested name change should cost a filing fee and take a couple of hours.
A judge can’t ever force you to hire an attorney. Even if you were facing the death penalty, the most they can do is appoint a public defender to be your co-counsel.
If I were you, I’d report it to the Judicial Inquiry Commission:
http://www.alalinc.net/jic/
Contact the Bar Association in your county, and/or any local civil rights organizations (the ACLU or any minority rights group any of you happen to fall into the category of), and ask for legal help getting your petition through in the meantime.
Good luck.
powered by Yahoo answers
My Great Uncle died on the 24th June 2006 aged 79. He was a single man who had never had children. He did not leave a will. The house he lived in belonged to his parents who did have a will and in it the house was left to all three of their children of whom my Grandfather and his sister were still alive. The estate went to probate and it came back that the estate would be split equally between my Grandfather and his sister after all bills/taxes were paid. The house went up for sale and was due to exchange contracts on the 22nd January. Unfortunately at the beginning of December my Grandfather died (5months and 20 days after his brother). He did leave a will leaving everything to my mother, his only child. We assumed that as probate had been done that my great uncles estate would still go to my Grandfathers estate. On the 22nd of January the date the contracts were due to be exchanged on the house the solicitors stopped it saying that they had to reapply for probate? Why?
Any residue should go into their estate.
powered by Yahoo answers
What is Probate?
The probate rules and procedures seems to many outside the legal world to be a long, drawn-out and expensive process for settling a deceased person’s affairs. Many times the probate may be fairly straight-forward and not require an attorney. You may wish to have a probate attorney review your case. This information is not legal advice and is meant to give you an overview of the process.
What is Probate?
The term probate means “to prove” the will through a proceeding that usually occurs in court. However, a will does not always exist (or is not available) and laws are established in each state to deal with the orderly distribution of assets to those who are entitled to inherit them..
What is Involved in Settling an Estate?
Please go to the Executor page for a detailed description of the duties and liabilities of the personal representative.
1. What personal property and real estate (if any) is owned by the deceased person
2. Pays any taxes or debts that the deceased person may owe (including costs of doing probate), and
3. Distribute all real and personal property which remains to the rightful beneficiaries
This property is said to be owned by the “estate” of the deceased person and must remain so until the judge or other court-appointed person says it may be distributed. However, it is often necessary to sell the property in order to satisfy the debts of the estate to close the probate.
How Long Does It Take to Settle an Estate?
The entire probate rules procedures will differ from state to state and the size and complexity of the “estate.” In some states, small estates may even avoid a formal probate, however the debts must still be paid. The minimum time an estate will likely be open is probably from six months to a year; often more depending on the complexity of the estate.
Note: this are more probate procedures to take into account when dealing with probate
1. Notice to Creditors
You must mail a notice of administration to each known creditor of the decedent within two to four months after your appointment as personal representative.
2. Insurance
You must mail a notice of administration to each known creditor of the decedent within four months after your appointments as personal representative.
3. Record Keeping
a. Keep accounts You must keep complete and accurate records of each financial transaction affecting the estate. You will have to prepare an account of all money and property you have received, what you have spent, and the date of each transaction. You must describe in detail what you have left after the payment of expenses.
b. Court review ? your account will be reviewed by the court. Save your receipts because the court may ask to review them. If you do not file your accounts as required, the court will order you to do so. You may be removed as personal representative if you fail to comply.
Step by Step coverage of everything you need to know about probate, including * The basics of probate planning
* Real and personal property issues * handy sample forms, and more just to mention a few.
probate rules Notice and Procedure in Adversary Proceedings.
Note: check for proceedings in your Estate.
(1) Petitioner shall serve formal notice.
(2) After service of formal notice, the proceedings, as nearly as practicable, shall be conducted similar to suits
of a civil nature and the Florida Rules of Civil Procedure shall govern, including entry of defaults.
(3) The court on its motion or on motion of any interested person may enter orders to avoid undue delay in the
main administration.
(4) If a proceeding is already commenced when an order is entered determining the proceeding to be adversary,
it shall thereafter be conducted as an adversary proceeding. The order shall require interested persons to serve
written defenses, if any, within 20 days from the date of the order. It shall not be necessary to re-serve the petition
except as ordered by the court.
(5) When the proceedings are adversary, the caption of subsequent pleadings, as an extension of the probate
caption, shall include the name of the first petitioner and the name of the first respondent. Answers
