Legal Question in Wills and Trusts in Alabama
Inheritance
In absence of a will, the son of a deceased transferred real property in his name for purpose of tax payment. 9 months after the death and 4 months after the property was transferred, a will was filed in probate by a non relative claiming ownership of the same real property. The tax office now name the son and the non relative as owners...Who has the legal standing?
1 Answer from Attorneys
Re: Inheritance
Too hypothetical to answer. The Court would not accept the will unless it appeared to be valid though. An heir could challenge the will and whoever was claiming to own the real estate could claim that it was transfered out of the decedent's name prior to death and wasn't covered by the will, but there are many other issues. Why haven't you already hired an attorney? Is it because you don't think it is worth having a professional represent you? Every day you go without an attorney you risk losing it all. Consider that outcome.
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