Legal Question in Wills and Trusts in Alabama

will and deed

if a person is named executrix in a will and then same person is named

administrix on a deed could that become a problem to the person or person who bought the estate.


Asked on 3/30/07, 5:01 pm

1 Answer from Attorneys

Chip Browder Hubbard, Smith, McIlwain, Brakefield & Browder, PC

Re: will and deed

I may not have understood your Q correctly, but you seem to raise a concern over the use of the term "administratix" on a deed, which by the remainder of your Q, apparently was used to transfer title to certain Estate property to its purchaser.

While the term executrix most likely should have been used in the Deed of Conveyance, the "term" used should not cause an otherwise valid conveyance to be invalid. The real Q would be if the Will gave the executrix the authority to sale the property AND where such sale was a matter of last resort -- in other words, was there other solution so that the named beneficiary in the Will could have received their devise of the property?

If you have more specific facts and details on this Q, please let us know and hopefully this has answered your Q from the perspective of the purchaser of the property. As long as the purchaser has paid fair value for the property, then any complaint of the devisee would be instead directed at the executrix if she has breached her duty under the Will -- of course, this comment assumes that the Will did not express direct the sale of the property with the proceeds to be divided among the testamentary beneficiaries.

Have a Blessed Week, and Joyous Easter! Chip

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Answered on 4/02/07, 10:08 am


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