Legal Question in Wills and Trusts in Alabama
Joint ownership
My parents bought a house years before mother died; it is still listed in both their names, even though Mom died 13 years ago. Dad has remarried; she owns a home of her own, which we recently found out she has put in hers & her son's name. Dad wrote a new will two years ago, leaving everything he owns to me. We are wondering if we should follow her lead & put the house, shop and vehicles in both of our names to avoid any legal hassles if something happens to him. She has already spoken to (of all people) my father's attorney concerning the possibility of retaining him should she file for a divorce any time soon; we think she is probably angling that direction since she suspects his will leaves everything to me. We are going to talk to his lawyer next week; I'd just like to be prepared with some ideas of my own. I would appreciate any advice!
1 Answer from Attorneys
Re: Joint ownership
First of all, if they get divorced, she is automatically disinherited from your father's will unless he changes it to where she does get something. Secondly, if they do not get divorced, it doesn't matter whether or not he left everything to you or not, she will still be entitled to a portion of his estate.
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