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Real Estate Ownership Dispute
Summary
If a property is owned as tenants in common and one owner passes away, their share must be probated to transfer ownership to heirs. Without survivorship rights, the property does not automatically transfer to the surviving owner. In Alabama, initiating probate involves filing a petition in the probate court, notifying heirs, and appointing an executor. Consulting a local real estate attorney can help navigate these legal complexities and resolve any disputes with heirs.Full Conversation
I have a real estate law question
Hi ****! I'd be happy to help with your real estate law question. Could you please provide more details about your situation?
I own a property i bought with my ex in Alabama. We had broken up 18 years ago. She died 6 years ago. No one informed me. Her son moved onto our property 2 years after her death. She had a will leaving her property to her family but no one has switched their name onto the property oor anything.
****, you likely have a strong case here. To better understand your situation, could you confirm if your ex's will went through probate? This will help determine the legal standing and ownership of the property.
We domt have percentage owned on our deed
****, the absence of percentage ownership on the deed typically means you both owned the property as joint tenants or tenants in common. Here are some key points to consider:
- If joint tenants, you may have full ownership upon her death.
- If tenants in common, her share would go to her heirs.
Did her will go through probate in Alabama? This will clarify the ownership transfer.
- If joint tenants, you may have full ownership upon her death.
- If tenants in common, her share would go to her heirs.
Did her will go through probate in Alabama? This will clarify the ownership transfer.
It got turned in. But no one actually probated the will
****, since the will was not probated, the property ownership might still be unsettled. Here’s what you can consider:
- File for probate: This will legally transfer her share to her heirs or determine your full ownership if joint tenants.
- Consult a local real estate attorney: They can assist in resolving the ownership issue.
Would you like further information on how to initiate probate in Alabama?
- File for probate: This will legally transfer her share to her heirs or determine your full ownership if joint tenants.
- Consult a local real estate attorney: They can assist in resolving the ownership issue.
Would you like further information on how to initiate probate in Alabama?
How do i know if its tenant in common or joint tenancy
You can determine if the ownership is tenants in common or joint tenancy by examining the deed. Look for these keywords:
- Joint Tenancy: The deed should include the phrase "with right of survivorship."
- Tenants in Common: The deed may simply list both names without any mention of survivorship.
Would you like more information on how to proceed if you find these terms on your deed?
- Joint Tenancy: The deed should include the phrase "with right of survivorship."
- Tenants in Common: The deed may simply list both names without any mention of survivorship.
Would you like more information on how to proceed if you find these terms on your deed?
No survivorship is mentioned so i guess it will be tenants is common
Since there is no mention of survivorship, it does indeed sound like you and your ex owned the property as tenants in common. Here are your next steps:
- Probate: Her share of the property needs to be probated to transfer ownership to her heirs legally.
- Consult an Attorney: A local real estate attorney can guide you through this process and help resolve any disputes with her heirs.
Would you like guidance on finding a real estate attorney in Alabama?
- Probate: Her share of the property needs to be probated to transfer ownership to her heirs legally.
- Consult an Attorney: A local real estate attorney can guide you through this process and help resolve any disputes with her heirs.
Would you like guidance on finding a real estate attorney in Alabama?
Yes thank you
Alabama State Bar Lawyer Referral Service
Phone: (*) *-*
Website: www.alabar.org
Would you like more information on how to initiate the probate process in Alabama?
Yes
To initiate the probate process in Alabama, follow these steps:
- Locate the Will: Ensure you have the original copy.
- File a Petition: Submit a petition to the probate court in the county where the deceased lived.
- Notify Heirs: Inform all potential heirs of the probate proceedings.
- Appoint an Executor: The court will appoint an executor to manage the estate.
Would you like more details on any of these steps?
- Locate the Will: Ensure you have the original copy.
- File a Petition: Submit a petition to the probate court in the county where the deceased lived.
- Notify Heirs: Inform all potential heirs of the probate proceedings.
- Appoint an Executor: The court will appoint an executor to manage the estate.
Would you like more details on any of these steps?
No
Based on your situation, you have a solid reason to pursue legal action to clarify property ownership. Since her share needs to be probated and you're facing potential disputes with her heirs, consulting an attorney is essential.
Would you like additional information on any other legal matters regarding this property?
Would you like additional information on any other legal matters regarding this property?
Thank you
****, it looks like you have a solid case that will require legal assistance. Consulting a real estate attorney is crucial to resolve the property ownership issue. If you need further help locating an attorney or have more questions, feel free to ask.
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