Legal Question in Wills and Trusts in Alabama

can you will a house to a grown son if it is a homestead

My grandmother has two sons. She receently died. Her will states that her house go to my uncle, a grown son, who has lived with her for 20 years.

Her other son, my father, died of cancer 10 years ago. Shortly before dad's death, she changed her will, leaving him $100 and her love stating that if he predeceased her, the $100 would go back to her estate. He died 13 days later.

Does my brother and I have any rights as heirs of the other son to the house? I read somewhere that a will has no control over real estate that is a homestead. To my knowledge, the house is only in my grandmother's name. My uncle wants us to sign papers saying we have no interest in the property so he can put it in his name. The will was drawn up and notarized by my uncle's girlfriend at the time.

Also, the girlfriend was willed a set of dishes if she was still dating my uncle at the time of my grandmothers death. I read that it is inappropriate for someone receiving something in the will to witness or to notarize. We are hurt that my father was cut out and are wondering if there is any action to be taken. Uncle can have what is rightfully his, but we don't want to hand over anything out of ignorance. Thank you.

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