Legal Question in Wills and Trusts in Alabama
What happens to the property of elderly man living in Alabama upon his death?
The elderly man living in Alabama dies. His will states that his wife can live in their home until her death. At her death, the home and property will be sold and proceeds divided equally between her grown kids and his grown kids. Can the wife sell the property or sign it over to her son, leaving all the other siblings out of the picture?
1 Answer from Attorneys
Re: What happens to the property of elderly man living in Alabama upon his death?
Depends. If the man owned the house individually and the wife was never on the deed, the wife would have a life estate which means that she could live there for her lifetime. She would not be able to give, sell or transfer anything more than her life interest however. She could give her life interest to her son, but his interest would terminate upon the wife's death. If however the home was a joint tenancy, meaning the wife was on the deed, then the man's will would not govern what happened to the property. She would then be free to do with it what she wanted. You need to examine the title to the R/E and hire a local lawyer to help out.
William Nolan
www.NolanElderLaw.com
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