Legal Question in Wills and Trusts in Alabama
With out a will
My Mother passed away in 1992 without a will in Alabama. The way I read Alabama Law, mothers part of everything after the first $50,000, dollars went to her children.
In 2001 my father married a woman and she had my mothers name taken off and her name added to 6 acres of land.
The way I read it that land should have been 50% the property of the 3 children and the transaction of the my fathers wife putting it in her name should be voided.
The original deed states that 4 acres of the land went to mother heirs and the other piece of 2 acres went to the surviving spouse which would be may father at that time.
This is another way it looks like at least 4 acres is 50%the property of mothers children.
My father has since passed away and his wife is claiming the land.
Do we have a right to the land and if so should we file a lawsuit to get it back.
1 Answer from Attorneys
Re: With out a will
It may depend on the wording of the deed. If it was joint with survivorship, then when your mother died, your father would have gotten all of the land. I would need more information to give you a better answer. You can call me at 1-800-297-1703 if you wish to discuss further.
M. McNair
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