Legal Question in Wills and Trusts in Alabama

Re: Father died no will

An estate must be started in an Alabama probate court having jurisdiction over the decedent. With no will, the estate will be split amongst the heirs, if no surving spouse, that means the children. and perhaps their descendants. Contact an Alabama lawyer.

Re: Father died no will

Most likely, based on the limited information you have provided, I am inclined to think that if the title to the property is in your father's name alone, it will be necessary to open a probate estate to have the title transferred to your father's heirs, who, based on the information you provided, are you and your brother (so long as your father has no other natural or adopted children and was not married when he died). If the property was titled to your father and one other person, ownership will be transferred to the survivor, either as a tenant in common or a joint tenant with rights of survivorship, depending on the language of the deed. If your brother and/or other heirs agree that you should have the property because your father wanted you to have it, or if you can establish with extremely credible witnesses that your father wanted you alone to have the property, you may be awarded the property. The first thing you need to do is have a thorough consultation with a knowledgeable attorney. Other factors come into play here, such as whether or not your father was married when he died or if he has other children.