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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 88194
Experience:  Fully licensed attorney in Texas in private practice.
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Inherited Alabama Land

Resolved Question:

I inherited land in Alabama due to the following: My Stepmother predeceased my Father (biological). He inherited the law due to survivorship laws. I had two brothers who deceased and I am now the only living issue of my father. My Stepmother and Father did not have issue. Neither my Father nor my Stepmother had a will. Does this land automatically pass to me?


Also, my Stepmother has one sister that is still living is she entitled to any portion of this land

Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is then yes. If there is no will, then the default rules of succession apply - see here.

I am going to assume that your grandparents are not living. If your father inherited the property, and then he has passed and had no other issue but yourself living, and did not have a will that gives the property to someone else, then automatically by laws of succession, the property goes to you.

Also, it does not matter about your stepmother's family because once she predeceased your father and your father took hold of her interest (I am guessing they had a 'joint tenancy' holding), then her issue no longer had any right to claim the inheritance.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

You are correct about the grandparents on both sides. The land was in her name only and not JT - does that matter?

Expert:  Ely replied 1 year ago.
Iris,

Did your father ever formally take the property into his name before his passing?
Customer: replied 1 year ago.

No, he did not - he simply paid the taxes and the land is in her married name

Expert:  Ely replied 1 year ago.
I,

Thank you. That makes it a little more complicated because it is in her name as of now, I understand. Technically, he should have filed probate and put it into his name after her passing.

This makes it a little more complicated because while you still inherit the property, you would have to "trace" the succession from her to your father to you, and explain that your father never filed probate, thus never putting it into his name. Due to the complication, an attorney is recommended.

May I recommend the AL Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 88194
Experience: Fully licensed attorney in Texas in private practice.
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