Legal Question in Civil Litigation in Alabama

Estate Theft

My mother passed away without leaving a will - my mother owned a mobile home that was physically located on my aunt and uncles property - they were charging her rent. As my mothers son - the county of Cullman and or state of Alabama appointed me as the administrator of my mothers estate. My aunt and uncle sold my mothers mobile home and kept the money. I attempted to report the mobile home as being stolen - the county sherrifs dept refused to take the report stating it was a civil matter. Do I have any recourse? Between the appointment as administrator my mothers ex husband transferred ownership of the mobile home to me.

Thanks, Shaun


Asked on 9/12/02, 10:02 am

1 Answer from Attorneys
Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Estate Theft

Well, if there was a lease agreement between your mother and the property owners, they could have rightfully sold your mother's property to satisfy whatever was remaining under the lease agreement (assuming the lease provides for this). Even so, the estate would be entitled to whatever the difference would be between the sale price of the property and the amount owed on rent. If there was no lease agreement, then the term would be month-to-month and your aunt and uncle should have no claim to anything other than one month's rent, unless your mother transferred ownership to them. Your best option is to file a civil action against your aunt and uncle on behalf of your mother's estate (and yourself, if you really do have good title to the property sold).

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Answered on 9/12/02, 10:33 am


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