Legal Question in Wills and Trusts in Alabama

Re: real estate

The fact that the Will is un-notarized does in and of itself, not mean that the Will is ineffective. Was the Will witnessed by at least two witnesses?

You need to get a copy of the parents' deed to this property. Are there any other names on the deed with the parents? Perhaps the son who remained home with his parents was added to that deed before the last of the parents passed away.

If no other names other than the parents on the deed, then the Will will govern its disposition, PROVIDED the Will makes provision regarding the land, BUT MORE IMPORTANTLY, that Will if a valid one, must be "probated" with the local probate court within FIVE YEARS of the death of the parents.

If the Will is not a valid one, or more than five years has passed since the death of the parent who "wrote" that Will, then the property passing to all the next-of-kin, the surviving sons equally.

Contact a local attorney knowledgeable in the probate law, or if we can be of further assistance let us know. Have a blessed week, Chip

Re: real estate

Possession does not equal ownership I am afraid. There are several issues involved here though, as you have suspected. Chip's answer listed some questions that you need to answer in order to get the law here. I can say though, that if the deed is silent and the will is silent as to the disposition of the real estate, the court would most likely want to divide it into four equal portions, one for each boy. Instead of dividing it, the Court might force a sale and divide the money. The current resident could also buy out his siblings.

William G. Nolan

www.NolanElderLaw.com