Legal Question in Real Estate Law in Alabama
My mom died april 2009, i was living with her at the time and still have alot of my personal items stored there. My brother lives there now but its still in my moms name. We are fighting because he loaned me some money and i dont have it to pay him back. I want to get my stuff but he wont let me. Can he legally do this? What are my rights to go get my things? Thanks hope
1 Answer from Attorneys
Hi Hope,
I assume there has been no "estate" opened for your late mother. The house, and other property that was hers, belongs to her estate, if it belonged to her alone when she died. Your brother probably has no right to withhold your property from you. He probably has no right to occupy the house either. You need to get some help with this to investigage the possibility of opening an estate for your mother. This does not require a will. The probate court will step in and make sure a fair distribution of your mom's property is carried out. The court will also supervise the paying of any bills that were left owing when she died. Good luck!
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