Legal Question in Wills and Trusts in Alabama

Estate Planning

what happens when your parent passes away but did not leave a will or estate planning. I have been living in the house. And paying the taxes on the house years after the death. I do have one other brother that is living. But when I pass away, I'm wanting my children to be able to stay in the house. Being that is the only home they know. Will that be possible. But will all the rest of my mother & father's grandchildren live in the house instead. What I need to know is, what do I need to do now to getthe house in my name. Or would it be better for me & my living brother to go ahead and sell this house and split the money. If so how do I go about that?


Asked on 10/09/07, 12:34 pm

1 Answer from Attorneys

William Nolan Nolan Elder Law LLC

Re: Estate Planning

You should find a lawyer there in Dothan who knows what to do locally. He/she would need to file a petition to transfer the real estate from your parent's name to your's and your brother's names. Then you would want to have your brother sell/give his portion to you by a deed which would need to be filed as well. Even if you and your bro decided to sell the house, a buyer would want to know that you actually owned it before they gave you any money for it. Try www.naela.org and search by zip code. Hope this helps.

William G Nolan

www.NolanElderLaw.com

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Answered on 10/10/07, 2:15 pm


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