Legal Question in Wills and Trusts in Alabama
Problem with landowner
My sister committed suicide back in April. She left lots of debts - credit cards, mobile home, horse trailer and land. I know that we have to sell her assets (a truck and 4 horses) to pay these debts - but that won't cover everything. The mobile home and horse trailer companies are going to 'repose' these to try and collect what is owed.
But the problem lies with the lady my sister was buying the land from. This was one of those private lease to own. She paid a montly amount and in a few years would own the property. Of course this means that she had no equity - that I know.
BUT my nephew has been paying the lease to own amount because the mobile home was still there (waiting on company to send out pick up people) and there were 4 horses of Carol's on the land.
We just found out that the landowner has sold the land and taken the horses to another property that she owns. My nephew has never signed any waiver to the property nor was he given any kind of eviction notice. We were told that they are going to post these horses for sale as 'Abandoned' and keep the money.
Can they sell the land without giving him notice to vacate the property? Can they 'steal' the horses? What exactly are his options?
2 Answers from Attorneys
Re: Problem with landowner
You could open an estate in probate court and get the court to appoint an executor if she does not have a will. Then the executor would be responsible for collecting the assets and selling the assets to settle obligations. The land is controlled by law which states sale of land has to be in writing. This would include a lease, the only way around that would be to prove fraud in the inducement, that the seller never intended to sell the land. It would also depend on how much money has been paid (how long did she pay lease payments) and what is the value of the property. Then if the amount paid is greater than the value of the land, there could be unjust enrichment. But at least this way, by opening an estate, you have a mechanism to collect the assets including the horse.
Re: Problem with landowner
First, you need a qualified attorney in the county where the land is located or the land where the landlord currently resides. Local attorneys are preferable to those from out of county, especially in certain matters like this. Second, your lawyer needs to read the contract for sale that your late sister signed. The terms of this will dictate what the seller can and cannot do. Third, as long as the monthly payment was being made, the landlord/seller would have no cause to foreclose on anything on the land, so they might have literally stolen your horses and a warrant for their arrest might be in order. Discuss with a local lawyer. If you can't find one, contact me and I will help.
William G. Nolan
Attorney at Law
www.NolanElderLaw.com
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