Legal Question in Wills and Trusts in Alabama
Granny's House
My Father's mother recently passed away. She is survived by my mother, me and my 3 siblings, my uncle and his wife and their two kids. In 1992 my Father's dad passed away and at that time my grandmother signed over the deed to her house to my sister as a gift which was my grandfather's wishes. In 2003 my uncle and his wife moved in with my grandmother to help take care of her. Shortly thereafter there was a family meeting and my grandmother's will was changed to reflect my uncle as the executor and he was to split grandmother's belongings (including the house) 50% his family and 50% my dad's family. My question is which document takes precedence over the other the deed from 1992 or the will from 2003? In other words, when compiling her assets does the house count as hers since she gave it away in 1992? By the way my uncle and his wife are still in the house in question.
3 Answers from Attorneys
Re: Granny's House
When a deed is delivered to the new holder, the transaction has been completed. Normally it is then filed in a courthouse to provide notice to others. Your will, signed after the deed, conveyed nothing since at that point in time the testator (the person making the will) did not own the home any longer.
William G. Nolan
Nolan Elder Law
Re: Granny's House
If the deed in question was properly executed and has been recorded in the county probate records, then your grandmother conveyed her house away at that time. This means that she no longer owned the house to be able to convey it in her will. You should get a copy of the recorded deed, either from your family or from the courthouse, and consult a local attorney regarding its validity.
If the deed was never recorded, that does not necessarily mean that your sister does not have title to the house. It does, however, mean that your sister may not have title to the house. Again, get a copy of the deed and consult a local attorney who handles probate and real estate matters.
If you sister does have clear title wants your aunt and uncle to move out of the house, assuming they are unwilling to do so after title has been established, she should consult a local attorney about beginning an eviction procedure.
Good luck!
Re: Granny's House
If the deed was valid and recorded in the real property records, then the house was validly conveyed to your father prior to the will. If it wasn't recorded or if it wasn't properly drawn, there are issues of proper "delivery" and construction. Your father should consult an attorney and present the documents to him or her for review.
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