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Venue in Alabama Child Custody Cases: The Court of Civil Appeals Establishes an Objective Domicile Standard Under the Uniform Parentage Act

A frequently litigated procedural question in Alabama custody cases (where should this case be filed?) has received a significant and clarifying answer from the Alabama Court of Civil Appeals. In a published opinion issued in February 2026 and widely circulated among Alabama family law practitioners in April, the court established that venue in child custody …

Alabama Ends Judicial Deference to State Agencies: What SB 167 Means for Family Law and Probate Practice

On March 31, 2026, Governor Kay Ivey signed SB 167, ending Alabama’s longstanding practice of judicial deference to state administrative agencies. The law takes effect immediately and represents one of the most consequential shifts in Alabama administrative law in a generation. For family law and probate practitioners, it opens new avenues for challenging agency determinations …

How Does Alabama’s New Probate Removal Bill (HB 288) Affect Divorce-Related Estate Matters?

Alabama’s 2026 legislative session has introduced several bills that could affect how family law and estate matters are resolved. One bill that has garnered attention is House Bill 288, which would change the procedures when a probate estate is removed to circuit court for administration. While this bill primarily addresses probate, it has practical implications …

Do You Have a Plan for Your Digital Assets After You Pass Away?

When most people think about estate planning, they think about wills, trusts, and physical property. But in 2026, a growing portion of what we own exists entirely online — bank accounts, investment portfolios, cryptocurrency, social media profiles, email archives, cloud storage, and digital subscriptions. Without a plan for these digital assets, your family could face …

Fictitious Parties and the Six-Month Trap—The Critical Importance of Diligence in Alabama Injury Lawsuits

Introduction: The “Relation Back” Doctrine Is Not a Safety Net In the world of personal injury and wrongful death law in Alabama, timing isn’t just everything—it’s the only thing. Most residents know that there is a two-year “Statute of Limitations” to file a lawsuit after an accident or a death. But what happens if you …

What Does the $15 Million Estate Tax Exemption Mean for Alabama Families in 2026?

For years, estate planning attorneys and their clients watched the federal estate tax exemption with uncertainty. The increased exemption established by the 2017 Tax Cuts and Jobs Act was scheduled to expire at the end of 2025, which would have dropped the exemption from nearly $14 million per person back to roughly $5 million. That …

Deeds, Trusts, and the “Book of Discipline”: The Alabama Supreme Court Reopens Church Property Litigation

When a local church decides to leave its national denomination, a fundamental question often arises: Who actually owns the property where the congregation has worshipped for decades? On March 6, 2026, the Supreme Court of Alabama handed down a major decision in Mt. Zion of Autauga County v. United Methodist Church that provides a new …

Can Someone Convicted of Elder Abuse Still Inherit in Alabama?

One of the most troubling scenarios in estate law occurs when a person who abused or exploited an elderly family member stands to inherit from the very person they harmed. It is a painful reality that families across Alabama have confronted, and current law has limited tools to address it. A new legislative proposal in …

What Is a Mass Tort Claim and How Does It Work in Alabama?

When a defective product, dangerous medication, or toxic substance injures a large number of people, the legal system offers a pathway for those individuals to seek justice. That pathway is called a mass tort. Unlike class action lawsuits, mass tort claims allow each injured person to maintain their own individual case while sharing common legal …

The “Unilateral Right” to Take Back Your Property—Understanding Alabama Code § 8-9-12

Introduction: A Safety Net for Alabama Seniors In the heart of the Deep South, family is everything. It is common for aging parents in Birmingham, Montgomery, or the Gulf Coast to transfer their most valuable asset—their home—to their children or a trusted caregiver. The deal is usually simple: “I give you the house now, and …

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