Legal Question in Real Estate Law in Alabama
deed signed over
my grandfather did not have my grandmother on the deed to their house. she lived in the house for thirty more years after his death and eventually needed assistance. my mother sold her house and moved in to take care of her. some years later she signed the deed over to my mother. after her death my grandmothers stepgrandaughter and stepchildren has filed suit in which she wants a quit deed. neither of my grandparents had a will so where does the law stand on deeds being sighned over?
1 Answer from Attorneys
Re: deed signed over
From what you've said, it sounds like your grandfather had children from a previous marriage. Whether or not they have a claim depends on what the value of the property was when he passed away. When your grandfather passed away, your grandmother would've been entitled to certain personal and homestead exemptions. After that, she would've been entitled to at least half the value of the house, based on Alabama intestacy laws. It is possible that the children from the 1st marriage would have some interest in the property, again, depending on its value at your grandfather's death, and on several other factors. Your mom should consult a local attorney who handles probate matters for further advice. Good luck!
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