Legal Question in Wills and Trusts in Alabama
Rights of Grandchildren
My father died recently. His father died several years ago and now my grandmother is very sick. We found out recently that she does not have a will. She has 4 children and my dad was one of them. She has 300 acres of land. She has set up deeds for the land to be split among the 4 children but has not recorded them. My dad (the only son) was getting the largest portion of the land. He lived there, took care of them, etc. My question is: Since my grandmother does not have a will, if she dies without making one, should my 2 siblings, my mother and I expect to receive anything from her estate and also if the deeds to the land are recorded before she dies, will we pay taxes on the gift?She had started a will with a lawyer and has never finalized it. My dad took care of all of her business and now his siblings does not know anything. They can't even pay her bills since their names are not on the accounts. My dad's was. What should they do.?
1 Answer from Attorneys
Re: Rights of Grandchildren
In Alabama a deed is valid without being recorded. The recording acts to put others on notice as to the ownership of the real estate. However, if the deed is lost or destroyed prior to being recorded, then you will have a heckuva time proving that your grandmother conveyed anything to your dad. If your grandmother dies without a will, all of her estate will be divided equally among her heirs but as it stands now, your dad should get a larger portion than that(actually you and your siblings would most likely take his share). What I encourage you to do is contact an attorney to help sort this out and soon. Some folks are hesitant to pay a few hundred dollars for advice and they end up losing a lot more than that. Don't make that mistake!
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