Legal Question in Appeals and Writs in Alabama

Writ of partition

subject property has a life estate by woman 70 yrs

old. there are 4 stepchildren involved. Have an offer

to sell property signed by (person w/ life estate) and

two of the other parties. but two decided they did not

want to agree to sell. the home on the property is

falling down and the state is about to four lane the

road in front of this house. she really needs to find

another place to live. A friend said she could file

for a writ of partition. Is this correct?


Asked on 10/25/01, 6:34 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: Writ of partition

If the life estate is created by a will or a trust under the probate court's jurisdiction, a petition there can order it sold.

If not, then a partition action can be brought to force a sale.

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Answered on 11/22/01, 5:53 pm


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