Legal Question in Wills and Trusts in Alabama
My mother passed away in OCT2010. She left no will. Her home has a balance of 78k but is valued at 125k. My brother and I have been making the payment since she passed away. We would like to sell the home, pay the balance on the home and move on with our lives. Are we allowed to sale the home without the banks permission. Presently the banks aren't aware of our mother's passing because we haven't told them due to our fear of being told the balance is due or that we would have to vacate the property because the signed buyer/owner isn't alive any more.
Any advice would be appreciated. We live in the state of Alabama.
1 Answer from Attorneys
The home generally will not be yours to sell unless the Court has named you as a beneficiary or as an heir, so right now you cannot convey marketable title to the home. You will need to go through probate in your county in order to have the title to the home pass to you. Call a probate attorney and ask for his or her help.
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