Legal Question in Real Estate Law in Alabama

Family Property

My parents owned 8 acres of land, both are now dead (1994 and 2000). My brother and I have discussed selling, but it is still in my Dad's name. Must the property be transferred into my name (my brother prefers in not be in his name) in order to sell or can we leave it in my Dad's. There are no liens against the property and the taxes are current.

Thanks!


Asked on 7/18/08, 6:58 pm

1 Answer from Attorneys
Jac Knust The Collaborative Law Group

Re: Family Property

Assuming your parents owned the property as either joint tenants or tenants by the entireties, the property is now owned by the survivor. It will be necessary to have an estate opened for the last parent to pass away. If there was a will, it will specify who the Personal Representative will be. If no will, you and your brother can elect one of you to act as PR (with Court appointment) and then sell the real estate via a PR deed from the estate. The proceeds of the net estate after payment of probate fees and selling costs, and debts of the estate will be distributed to each of you.

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Answered on 7/18/08, 9:35 pm


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