Category: Blog

The Grounds (and Hurdles) for Challenging a Will

In a will contest, a contestant challenges a will as invalid, usually for mental incapacity, undue influence, fraud, or a technical failure. Although somewhat of a rare occurrence and a tedious process, a will contest may be the only recourse for a client who has been disinherited or disenfranchised. First, only an interested party who has a potential interest to gain can challenge a will. A will can be invalidated in part or in whole. If a will contest is successful, the probate or circuit judge has options such as invalidating the challenged will, reinstating a previous version, or distributing property under the laws of intestacy. Beyond the hurdles of a will contest, the testator (the person who signed the will) sometimes inserts a “no-contest” provision into their will or trust. Under such a provision, the testator instructs that anyone who contests the validity of their will is disinherited. While these clauses create additional difficulties for one contesting a will, it is not always an absolute bar to the challenge. It would be a good idea for the client to consult an attorney to weigh their options and get a better assessment of their rights before challenging or contesting a will. An interested party cannot challenge a will simply for being unfair. Instead, they must prove one of the following conditions or other good cause:

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Alabama’s Top Intersections for Traffic Crashes

Car accidents happen every day. In Alabama, a traffic crash is reported every 4 minutes. We've explored the top intersections for traffic crashes in our state, click on the graphic below to view all of the information on: The most dangerous intersections in Alabama The most dangerous highway in Alabama Intersections…

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Drug Possession & License Suspension Update

As of January 30, 2016 of this year, if you are charged with an offense of possession of controlled substance, possession of marijuana 1st degree, or possession of marijuana 2nd degree, you will no longer face a mandatory 6-month suspension of your driver’s license. However, a judge may still suspend…

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Rate of Fatal Car Accidents on the Rise

Highway warning signIf you suspected serious car crashes have recently increased, you would be correct. In fact, 2015 saw the largest national traffic fatality percentage increase in fifty years at 7.2%, according to a report from al.com. Alabama also saw an increase in fatal accidents in 2015, though at a slightly slower rate than the national average. Of Alabama’s 4.86 million people, there were 17.41 fatalities per 100,000 people, and alcohol-related fatalities numbered 4.98 per 100,000 people. Alabama’s statewide average was well above the national average of 10.92 fatalities per 100,000 people. AxleGeeks (a website division of Graphiq) compiled a list of ‘The Car Accident Capitals of America.’ Perhaps not surprisingly, Alabama was well represented, with Birmingham and Montgomery both taking high spots. We should point out, however, that only cities with a population over 100,000 were considered.

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Alabama Employer’s Ban on Dreadlocks Okayed by Appellate Court

Dreadlocks banned in AlabamaThe 11th Circuit Court of Appeals, which is the federal appellate court for Alabama cases, recently ruled that a Mobile company’s ban on dreadlocks for their employees does not violate the Civil Rights Act of 1964. The lawsuit was filed by the Equal Employment Opportunity Commission (EEOC) on behalf of an African American woman who wore her hair in dreadlocks. The woman’s job offer was terminated after she refused to change her hairstyle. Circuit Judge Adalberto Jordan, who authored the unanimous opinion, acknowledged such determinations are often difficult: “We recognize that the distinction between immutable and mutable characteristics of race can sometimes be a fine (and difficult) one, but it is a line that courts have drawn.” The full opinion of the case, Equal Employment Opportunity Commission v. Catastrophe Management Solutions, is available here.

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Out of State Car Accidents – What Law Applies

Alabama Car AccidentWhen traveling out of state, even the safest driver faces the possibility of an unexpected car accident. Driving on unfamiliar roads in an unfamiliar city heightens the risk for an accident. Of course, with any accident, contact 911 immediately, take pictures of the accident scene and any damage to the vehicles, write down the names and numbers of any other involved parties or witnesses, and contact your insurance company. Visit our page on the steps to take after a car accident here. In most cases, your insurance policy should cover out of state car accidents. Each state has different laws on car accident claims which could significantly impact you’re claim and damages. Because the statute of limitations places a ticking clock on your ability to file a claim, and because statute of limitations varies from state to state, it is important to contact an experience personal injury attorney as soon as possible after the wreck.

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