Legal Question in Wills and Trusts in Alabama
Dispersement of Estate
My husbands uncle died without a will. He was not married at the time. The uncles daughter and one step-son were notified of his death and they came to retrieve his property, 2 vehicles, jewelry, guns and miscellaneous household items. We are not arguing his daughters right to this property but he had credit card and utility bills and they did not probate his estate. Is that illegal? He may also have property in another state. Neither child went before a judge to be named executor of the estate.
Second question, the uncle lived in a house owned by my husband and his brother, rent free. At what point can the items his daughter left in the house (furniture, clothes, etc.) be removed? Point of note: the daugher and step-son live at least 9 hours away.
1 Answer from Attorneys
Re: Dispersement of Estate
The daughter is the sole heir to all of his property. Probate is probably not necessary in an estate without any real estate, although proper title to the vehicles may require probate. Step children, unless adopted, are not entitled to the assets.
The daughter is not responsible for her father's credit card debts. If the creditors wanted to make an issue out of it, they could probate the estate themselves as creditors and then seek the assets from the daughter. But it is unlikely that they will do so unless there is a substantial amount of debt and a substantial amount of property recoverable - a few guns and some minor jewelry won't cut it.
The children though should find out if he had a bank account - to get that they will need to be appointed executor.
With respect to the furniture in the house, if it is his, it becomes hers. However, you could become entitled to it by "Adverse Possession" after several years of ownership of it. To be legal, you probably should inform her of the furniture and clothes in question and let her come and pick it up. If she doesn't, keep it two years and then get rid of it however you want to.
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