Legal Question in Real Estate Law in Alabama

Re: Executor of heir property

It would be hard to expect that the deceased did not have a will. However, if that is true, then a family member could come forward to be the executor. Usually though, the will names who is to be the executor. You can replace the executor only by showing incompetence and/or misappropriation of assets or failure to comply with duties.

Re: Executor of heir property

If the vested owner of the property is deceased, and the family member in question has been granted letters testamentary by the county probate court, you can petition for her removal. In order for the court to remove an executor, you must show one of the following: 1)that the executrix is incapable of performing her duties due to continued sickness (whether mental or physical), 2)her failure to provide an accounting and/or inventory or to do any act the judge has required, 3) embezzlement or wasting of the assets of the estate, 4)using estate assets for her own benefit, or 5) if she has been sentenced to a jail/prison term of more than 12 months. If you successfully remove this relative as executrix, then someone else may petition the court to be named executor. You should consult a local attorney who is familiar with probate matters to assist you further.

If the vested owner of the property is not deceased, then, unless he or she is mentally incompetent, he or she is free to do with the property as he/she chooses. If the vested owner of the property is mentally incompetent, you, or some of the other family members may want to consider petitioning for a guardianship/conservatorship over the vested property owner. Again, my advice is to consult with a local attorney familiar with probate matters.