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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 38292
Experience:  Texas lawyer for 30 years in Estate law
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I own a lot jointly with another person who died and did not

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I own a lot jointly with another person who died and did not leave a will. I have been paying the taxes for ten years on the lot. I want to sell it. How do I do that and what do I need to do with the money that would have been their half. They have no family or heirs that I know of.
Mobile county , Alabama

Thanks for your question and good morning.

You will need to file a partition suit in court were the property is located.The court will order the property sold here.You are entitled to reimbursement for all you have paid in , the legal fess, costs of sale, etc before anything left over is divided.In this situation the court holds the proceeds until legal heirs step forward.

This is the legal means here to force a court ordered sale.Otherwise there is a split title and you cannot sell it.Alabama has passed such laws specifically for this problem.Here one your lawyer file suit they likely publish notice of the suit of the person cannot be located or alternate means of service.

Here is the law that allows for such a sale and it sets out that the court would hold the unclaimed proceeds after everything is paid and you would get your share .



Law for reference.

http://law.onecle.com/alabama/property/chapter6.html

You can locate a local real estate lawyer through Alabama State Bar and do this online.

http://www.alabar.org/lrs/agreement2013.cfm

I appreciate the chance to assist you today.If you have more follow up please just ask.Thanks again.

RayAnswers and other Estate Law Specialists are ready to help you
Here is another reference about the process for your information.

http://www.ag.auburn.edu/agec/heirproperty/partitionsales.php

Thanks again.