Legal Question in Wills and Trusts in Alabama

My Father passed away in May, and his will says that my brother and myself are co-executors of the will. Everything was left to us to be split down the middle. My problem is, there was two seperate properties that were NOT part of the estate. These properties were deeded to us as individuals a year before my Father passed away. One property is deemed more valuable than the other, as it is a house vs a mobile home. The will has a clause that say assests that he had prior to his death, need to be taken into account when the division of the estate is made. My question is this...if the property was deeded to us individually, and we both signed agreements that we had no interest in the others property, (quit claim deeds I think) is there a loophole that will allow for the value of the properties to NOT be included in this division? Is there some legal way to fight this?? He did have a statement that said he had the right to live on the property as long as he lived. (not sure if that makes any difference)

Thank you so much!!!


Asked on 1/31/11, 4:38 pm

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

I would have to see the documents to comment with any accuracy on this. He did not own the property immediately prior to his death. If the will wanted the gifts before death to be considered in a settlement between the two of you, it should say that. You are going to have to take the will to the attorney probating the will and ask him to review the document and give you an opinion on this.

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Answered on 2/08/11, 2:52 pm


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