Legal Question in Wills and Trusts in Alabama
Estate
My exboyfriend and I have a daughter together, and he has 2 daughters from his ex-wife. His mother has recently became very sick and she signed all of her property (houses, car and land) over to him in the case that she passes. He just found out that he is sick and only has 3 months left to live. My question is, that he has alot of debt and I am afraid that if he passes before she does that they will seize the property to pay his debt, leaving her homeless, or dividing the property among the 3 children, again leaving her homeless. Any suggestions?
1 Answer from Attorneys
Re: Estate
She is technically homeless right now since she is living in a house owned by her son. If he wants to, he can convey the house to someone else now but not in his will, so his mother would be safe. He could also convey it to his mother as a life estate with the remainder to you. I suggest that he consult an attorney to tie up these loose ends unless he just doesn't care, in which case the state will do whatever they want to with his assets.
William Nolan
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