Legal Question in Wills and Trusts in Alabama

'husband died without a will, both our names are on property that we still have a loan on. do I have to get property probated before selling or can I sell without our 3 grown sons signing off on it? I am in a real financial bind and need to sell it if it's possible to do so.. thank you for your answer.. we live in Ga but the property is in Alabama.


Asked on 2/10/11, 12:32 pm

1 Answer from Attorneys

Dean Stein Harville-Stein Law Offices, LLC

The question that needs to be answered, is "how" both your names on on the property. That will determine if you need to open an ancillary estate in Alabama to sell the property. If the deed says that you hold the property "joint with right of survivorship" with your husband, that is it, the property has passed to you 100%. Any other wording may not provide you with that result. Contact us if you need assistance with this transaction. This response is to provide general information, is not legal advice, is not intended to constitute legal advice to the reader and should not be relied on as such, nor is it intended to create an attorney-client relationship. ALABAMA RULES OF PROFESSIONAL CONDUCT REQUIRES THE FOLLOWING STATEMENT: "No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."

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Answered on 2/10/11, 3:12 pm


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