Alabama | Wills and Trusts
Legal Question
Mohter's estate without a will
My mother has passed away without leaving a will. She and her husband (our stepdad) had no children. They have 2 houses and 40 acres of land. Both of their names are on the property and houses. She had 6 children by her first marriage. Since our mother worked and paid for all of the property, my question is; do the 6 children have any legal claim to any thing she left?
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Legal Answer
Re: Mohter's estate without a will
Both estates would have to be probated (mother and husband's) Someone from husband's family would have to probate his estate. If they held the property jointly with right of survivorship (which they probably did) it will depend on which of them died first. If it is impossible to determine which died first It will have to pass through probate and it is likely that both families will have an undivided one half interest.
If the husband is not dead, and it was held jointly with right of survivorship, then no one in your family will be entitled to the real property. If she had personal property you will need to probate her estate.
If you have more questions please call me
Leigh Love
205-733-1131. no charge for consult.
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Leigh Love PO Box 435 Gadsden, AL 35902
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Legal Answer
Re: Mohter's estate without a will
If the 2 houses and 40 acres of land were held as joint tenancy with right of survivorship by your mother and stepfather, then the houses/land would pass directly to your stepfather (I'm assuming that he has survived your mother.)
However, if the property was not held as joint tenants, then you and your siblings could have a legal claim under Alabama laws of intestacy.
I hope this helps. Please feel free to call me at (334) 361-3535 if you have any further questions.
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Law Office of John M. Poti 696 N. Silver Hills Drive, Suite 102 Prattville, AL 36066-6184
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