by Jason P. Bailey | Nov 25, 2019 | & Estates, Prenuptial
When a man’s brother died, the brother and his sister-in-law both laid claim to half a million dollars in a 401k. According to the widow federal law required the money to go to her. According to the brother state law required the money to go to him. In Moore v.... 
by Jason P. Bailey | Aug 29, 2019 | & Estates, Appeals
The easiest way to waste an appellate filing fee is to file your appeal after the deadline for doing so has passed. The law books are replete with cases where the Alabama Supreme Court or Court of Civil Appeals dismissed an appeal solely for filing a late appeal. ... 
by Jason P. Bailey | Oct 11, 2018 | & Estates, Wills
Barring some sort of miracle or change to the laws of nature, you should be able to go through your whole life and never need a will. Nevertheless, you really should have one. Not for yourself, but for those that you leave behind. Having a will makes the transfer of... 
by Jason P. Bailey | Sep 16, 2018 | & Estates, Probate
If a circuit court acts like it has taken a case from the probate court, hears evidence and issues orders, but fails to issue an order authorizing itself to take the case, the Alabama Supreme Court says the circuit court hasn’t yet taken the case. In Alabama...