Legal Question in Elder Law in Alabama

Estate Law Deed Question

My mother recently passed away. My father is still living. I am the executor of the will. My sister's name is on the deed to my dad's house. My name is on another deed that my parents owned. I also have a brother who was originally on the deed with my sister. Long story, but he got my sister to remove his name from that deed but 1/2 of that house is supposed to be his - according to my dad. After my dad passes, does my brother have any legal right to 1/2 of that house since his name is not on the deed?


Asked on 5/02/08, 11:17 am

2 Answers from Attorneys
Ronald Holtsford Ronald A. Holtsford, LLC

Re: Estate Law Deed Question

I am a little confused about names already existing on deeds? IF your brother is listed in your Dad's Will as receiving some interest, whether its 1/2 or not then he will have a legal right at your father's death IF your father still owns that home or another home depending on whether your brother is given any right to the home in your Dad's Will and whether his Will specifies the word "home" or is specific as to his current residence. Obviously if the home is sold and your Dad resides at an assisted living, etc at his death then any interest to anyone in his Will is void since the property no longer exists. Hope that's not clear as mud.

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Answered on 5/06/08, 10:54 pm
William Nolan Nolan Elder Law LLC

Re: Estate Law Deed Question

It is highly doubtful that your brother could make a case that he owns 1/2 of the real estate if he is not on the deed.

William Nolan

www.NolanElderLaw.com

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Answered on 5/02/08, 11:59 am


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