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socrateaser
socrateaser, Attorney
Category: Estate Law
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Experience:  Retired (mostly)
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Sister died I am next of kin on death certificate however our

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Sister died I am next of kin on death certificate however our mother is living(Texas) I am in Alabama lived with sister for 27 years. She has a mobile home and a car can I legally transfer titles to me or does my mother have to do it
Submitted: 1 year ago.
Category: Estate Law
Expert:  socrateaser replied 1 year ago.
Hello,

If your sister had no last will and testament, then your mother is the heir to your sister's property (Ala. Code 43-8-42(2). Which means that your mother would have to take title to your sister's property first, and then transfer it to you.

However, your mother could file a "qualified disclaimer" with the court in the county where your sister resided at death, stating that your mother "disclaims" all of her right, title and interest, in and to her daughter's estate. Once this is done, you would become the heir to your sister's property, and you could legally transfer the vehicles via the Alabama Division of Motor vehicles transfer form.

For a commercially prepared disclaimer form, see this link.

Hope this helps.
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 33779
Experience: Retired (mostly)
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