Legal Question in Wills and Trusts in Alabama
Deeds and Wills
In the state of Alabama, Who are the ''heirs and assigns'' in a warranty deed - the surviving spouse or the children - or both?
[Warrenty deed belonging to my grandfather, dated 1944 - .....in hand paid by (my grandfather) the receipt whereof I do hereby acknowledge, have Granted, Bargained and Sold, and by these presents do hereby Grant, Bargin, Sell and convey, unto the said (my grandfather), his heirs and assigns the following real estate situated in the County of....To have and to hold the aforegranted premises to the said (my grandfather), his heirs and assigns forever.]
My grandfather died in the 70's with no will, his wife at the time of his death has died and she had a will that divides the land between her relatives and the living 2 grandchildren of my grandfather.
I am confused as to what has preference (my grandfather's deed dated 1944 or his wife's will dated 1991), and who exactly are the heirs and assigns on a warrenty deed. Your help in situation will be greatly appreciated.
1 Answer from Attorneys
Re: Deeds and Wills
Sounds like the original conveyance was a fee simple interest to your grandfather. He then left it in his estate and his wife inherited it as his spouse. The question to be resolved at this point is whether any children of the couple also took an interest, and where did their interests go? There is no doubt that his wife took some interest, but the real question is whether she took a 100% interest or something less. I think you need to consult an attorney in the county where the R/E is located and get a title opinion on this one.
William G. Nolan
www.NolanElderLaw.com
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