Legal Question in Wills and Trusts in Alabama

Heirs and assigns

In the state of Alabama on a deed, who is considered ''heirs'' and ''assigns?''

Surviving spouse or children - or both? What does ''assigns'' mean.

Thanks for your assistance.


Asked on 5/15/07, 5:28 pm

1 Answer from Attorneys

Jack Carney The Law Office of Jack Carney, LLC

Re: Heirs and assigns

You will want to have a lawyer take a look at the entire deed in order to give you the best answer to your question. However those terms are generally words of art to indicate full ownership. For example, if I deed property to someone and state that the transfer is forever binding on my "heirs and assigns," it means that it is a complete transfer and that someone can not later come in on my behalf and claim otherwise. Hope that makes sense. The bottom-line is that in order to get an accurate interpretation of the meaning of legal language in a document, a lawyer will need the entire context of how that language is used before he or she can give a complete answer. You should feel free to repost with the entire text of that section and a little more information about the situation.

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Answered on 5/16/07, 12:12 am


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