Legal Question in Wills and Trusts in Alabama
My uncle passed away 2 years ago, he was a widower, and had no children. He also had no will. My mother is one of 6 siblings that he had. The issues that comes up often is the property that he owned. 3 of the siblings want to sell it, and the other 2 want to give there part to there brother that lives on the property in his own mobile home, BUT has never been deeded to him. My mother is the Oldest of the siblings, and has given all her interest in the property to my sister and she has moved a mobile home on the property, on "mothers part" but now the others are having problems with it. Can they legally make her move? Can My mother FORCE a sale of the property? How do we go about doing that if it is at all possible.
1 Answer from Attorneys
In Alabama, real property passes to the rightful heirs at the moment of death. That would mean that a property owned by an intestate (no will) decedent who dies with no spouse, children or parents, leaving 6 siblings (with no deceased siblings who left children) would be jointly owned equally by all 6 siblings. No one sibling would have any greater rights to the property than an other and any one sibling could force a sale by division of the property. Any of these scenarios would require you to seek legal advise from an attorney knowledgable in these areas and could possibly be cost prohibitive, according to the value of the property and the willingness of the heirs to agree. There are also other issues that could complicate the process so as liens, claims against the estate, mortgages, etc.
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