Hutsler Law Firm

04/15/2025

Thanks for the nomination! I always try to give great representation!

01/15/2024

Today, we pause to honor and remember the remarkable life and legacy of a great leader, Dr. Martin Luther King, Jr. His unwavering dedication to justice, equality and peace inspires and guides us.

As we celebrate Dr. King's memory, let us all remain steadfast in our own pursuits of justice and equality. Because, in the words of Dr. King himself, “Injustice anywhere is a threat to justice everywhere.”

06/26/2023

Alabama's Home Owners Association (HOA) problem:
Secret Docs; Lack of Protection: Alabama is possibly the worst state for failing to provide purchaser/owner protection before and after an individual purchases a home in a common interest community with a Homeowners Association (HOA). Efforts to regulate
and exercise disclosure and accountability have been thwarted by special interest groups and their lobbyist’s. Of course, the goal of the original HOA documents is to insulate and protect the developer/declarants during the construction and sales period prior
to transitioning day-to-day management and accountability to a homeowner board of directors.
Inexperienced HOA Boards: One of the biggest issues of the homeowner HOA is inexperience but specifically not understanding authority and enforceability. Most homeowner boards fail to recognize that their control is limited to managing common areas and facilities, and architectural control of owner properties. The experience level of elected board members responsible for managing owner funds, common areas and facilities, and architectural control of individual properties is virtually nonexistent, and most boards fail to recognize their limitations. Many individuals who have served on other community boards often bring their bad habits with them. Critical thinking does not exist in many HOAs as a general practice.
Beginning Creation Flawed: Governing documents are created while the declarant/developer owns all property within the boundaries of the community prior to sale of any of any residences. The governing documents can regulate parking, speed limits, and pretty much anything not a violation of law, which in Alabama, is truly little. A major change occurs when the declarant turns the HOA over to the homeowners and a municipality takes public areas like streets, right-of-way, drainage infrastructure, and sometimes even lakes and/or drainage ponds into maintenance. While the original documents may still indicate authority, this jurisdiction is lost upon transfer, Unlike deeded common areas, there is no deeded community ownership for this once transfer occurs. A good example of flawed interpretation is highlighted in a portion of the example below:
Other Rights of Association : The Board shall have the right to provide services, the cost of which shall be paid out of the charges provided for in Article ** hereof, and adopt rules, regulations,
procedures and policies with respect to: (a) garbage and trash collection and removal; (b) motor vehicle operation; (c) parking of motor vehicles on streets or roads in the Property; ( d) Lake use and maintenance, and (e) such other matters including the general
welfare of the Property as a whole. If a board had such authority, it could levy fines for speeding and parking violations, install speed bumps, change traffic signs, and more. But this is not the case and any such authority the HOA claims is unenforceable.
Some boards knowingly exercise such authority and such behavior is wrong on many levels. The exception is for this authority is, private, often gated, communities.

Ed Collins Director Alabama Concerned Homeowners Alliance
Source:
www.AlabamaHOA.org
(256) 829-8774

Kearney Dee Hutsler, Esq.
111 Edenton Street
Birmingham , AL 35242
(205) 414-9979

Copyright 2013. Alabama Concerned Homeowners Alliance. All rights reserved.                                   

09/07/2022

What if the Executor of an Estate is Stealing Money—What Now?
After a family member dies, an executor will need to be selected for handling his or her will. Executors are charged with carrying out a plethora of legal functions for the deceased, including settling taxes and debts, selling property, bringing lawsuits to be filed or reviewing medical records where necessary, and distributing assets to their named beneficiaries.
With all of these important responsibilities, there’s a substantial amount of power in the executor’s hands. Unfortunately, estate executors sometimes take advantage of this power and can steal from the inheritance they’re hired to handle.
If your executor is failing to keep you regularly updated or is keeping sporadic or insufficient documentation, these may be possible signs that the executor is stealing. Act quickly and follow these steps if you’re suspicious that your estate executor is stealing from your inheritance.
Know Your Rights
As a beneficiary, you need to be aware of your rights when it comes to your inheritance and dealing with your estate executor. Every state has laws in place to define the rights of beneficiaries. Knowing your rights will help you hold your estate executor accountable and ensure that you are not being stolen from.
Beneficiaries have the right to view the original will of the deceased, to request documentation and information from the estate executor pertaining to the assets of the estate, and to receive notification of any probate court actions. Proper documentation from the estate executor should include asset sales contracts, an inventory of property, and value appraisals.
You can also request that the executor be prohibited from taking any more funds from the estate, prohibited from using any assets they have already misappropriated, as well as request their removal.
Finally, based on your claim of theft by the estate executor, you have the right to file a lawsuit against the party in question.
If You’re Suspicious, Take Immediate Action
There are state laws in place that set a certain time limit, during which beneficiaries can take legal action against their estate executor. Civil lawsuits take time, so it’s important for you to file them quickly and be able to appear before the court to formally request an injunction. This can minimize the damage an estate executor can do while your case is still being decided—but the more time that passes, the less likely you, as the beneficiary, are able to recover any stolen assets of the estate.
In addition to the formal requests you can make against the estate executor, you can also request that the probate court implement further restrictions against the estate. A court can order that the financial institution in charge of the account place holds on the estate and limit withdrawals to only those that have a court order. You can also order the executor to move the funds into a restricted account and document this action.
Seek Legal Help
Besides stealing, an estate executor could—among other misconducts—be unfairly favoring beneficiaries, failing to notify beneficiaries of their right to receive, or managing the assets of the estate poorly. Sometimes, if there is a sufficient body of proof, criminal charges are necessary in addition to civil charges. It’s important for you to have the legal help you need to protect your inheritance.
Don’t walk this path alone. If you’re suspicious of your estate executor for any misconduct, you need to hire a professional estate attorney.

04/13/2022

There is a new financial option for families of people with intellectual or developmental disabilities! An ABLE account.
What is an ABLE Account?
Family members and friends of disabled individuals often feel like their hands are tied when it comes to supporting their loved ones. If they give them cash for bills or pay for their food, that spending counts as income and must be reported to the Social Security Administration. If they don’t provide that financial support, they have to watch their loved one's struggle.
An ABLE account may be the ideal solution to address this dilemma. ABLE accounts allow people to contribute money to an account to fund a disabled individual’s expenses.
The Purpose of the ABLE Account
The goal of the ABLE program is to allow family members and friends of disabled people to contribute money to cover expenses. Contributions are not tax deductible for federal taxes.
The ABLE program was created to fill a gap in the safety net provided to people with disabilities. Family members often want to support their loved ones, but doing so directly causes a wide range of consequences to those loved ones. They are at risk of losing SSI, housing benefits, Medicaid, food stamps, and other benefits. ABLE Accounts do not impact eligibility.
Who Can Open ABLE Accounts?
People anywhere in the United States can open an ABLE Account. While only certain states maintain ABLE programs, you can get an account out-of-state in a state that does have this program. To qualify, an individual must have developed their disability before reaching the age of 26. They must also prove that they are disabled, either via a letter of disability certification from their doctor or via receiving benefits from SSI or SSDI.
How ABLE Affects Your Benefits
The biggest benefit of an ABLE Account is that it does not affect your eligibility for benefits. This allows disabled individuals to enjoy a higher quality of life without losing access to Medicaid, housing assistance, SSI, and other benefits.
There are exceptions to this. If an ABLE Account has more than $100,000, any amount beyond the $100,000 may count against you as income for SSI.
How You Can Use Your ABLE Funds
ABLE funds can be used for any qualified disability expense. This is a fairly broad term that refers to any expense incurred by the beneficiary because of their disability. Funds may be used for education expenses, food, job training, administrative help, personal care services, transportation, and housing.
Who Can Contribute to an ABLE Account
Anyone can make a contribution to an ABLE Account. Generally, contributions are made by the beneficiary of the account, family members, friends, and other loved ones. Legally, an individual can only contribute up to $15,000 per year before hitting the limits of the gift tax. Lifetime limits on contributions vary from state to state, so it is important to know exactly what is and is not allowed before unintentionally triggering tax consequences.
I hope this helps my friends and clients.🙂

01/25/2022

Hooray!! I received the Silver Rating today thanks to great ratings from my clients! Thank you!

From Respected Attorney Rating Service: Martindale Hubbell:
Dear Attorney Hutsler,

Your clients think you are wonderful and so do we! Because your clients have highly recommended you, we are thrilled to award you our Silver Client Champion award, recognizing attorneys for their commitment to the best in client service.

New Rating: Silver

Average Score: 5

09/21/2021

My new office just off of Hwy. 280. Ready for business!