Legal Question in Wills and Trusts in Alabama
inherited land
My husband and his siblings have inherited land from their father. He passed away 2 years ago and we are wanting to build on that land.
The one brother who is executor has not had the will probated. Is there a way to get a deed to the land that will be ours. Also if there is a house left to a sibling who has since passed away is it left to the remaining siblings or her daughter. The sibling that passed away did not leave a will. In the will the house was to remain in the family and not to be sold.
2 Answers from Attorneys
Re: inherited land
As a beneficiary you can have the Court compel the executor to produce the will. If he is honest he will do so, but if he is dishonest he might just say it has been lost, so consider whether he gets more if the will is lost than if it is probated.
As for your other question, when an heir passes away before his/her parent, sometimes their share of the parent's estate goes to their own children and sometimes it goes to the surviving brothers and sisters. The will would dictate this. If there isn't a will, it would most likely go to the children of the heir.
You need to call a lawyer with your situation. Let me know what county this is and I might know someone.
William G. Nolan
www.NolanElderLaw.com
Re: inherited land
Mr. Nolan has given you a good answer. Your husband, or any of the siblings, can file an action in probate to force production of the will. While the law says you can do it pro se, it's advisable to have an attorney handle the matter because of the procedural complexity of probate.
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