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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2530
Experience:  Helping you with your legal questions.
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We have an interesting situation, so please bear with this

Customer Question

We have an interesting situation, so please bear with this explanation. We have an old home that has been in the family for over 100 years. It was lived in and managed by a relative for many years, until my parents moved in, in 1987, following her death. The deceased had no will or anything of this nature. The issue is that the deed is still in the deceased name - registered in the 1930s. My parents have been living in and caring for the home and land since 1987, and the real estate taxes have been kept up each year.
My question is how do we go about getting this deed into 2016 instead of 1930? My father is in bad health, and is wanting to get this transferred to me and my brother as quickly as possible. Would this need go through he (if he is able) and my mother, or to me and my brother? My brother has lived in the home since 1987 as well. I'm very confused on how this would work, but want to solve this quickly for my father.
In addition, his mother passed away in 2010 with no will, so there is another residence and land. How does he go about claiming this as well? I have an uncle (who is younger than my father) who is trying to screw him out of this to be blunt.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 7 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Customer: replied 7 months ago.
Hey Damien. Sounds good.
Expert:  Damien Bosco replied 7 months ago.

To transfer the deed to the rightful owner now, estate proceedings may be necessary starting from the deceased. If the deceased had no will, her heirs would get it. If she had children, then the children would get it equally. I am not sure if this is your dad's family or mother's family. And I am not sure how your parents are related to the person who's name is ***** ***** deed. Basically, a family tree would be necessary, starting with the decedent, and the property would pass down each generation. So there may be many people owning the home by now. Also, regarding to your dad's mother passing, her estate would have to be administered. We can continue to discuss.

Customer: replied 7 months ago.
This is my father's side of the family. The deceased had no children. My father's great grandfather and the deceased's husband were brothers. The deed went into her name as Mrs. .. after he passed away. That's where I'm confused. Since there were no children, does this become adverse possession under Alabama law due to this 20+ year being met?
Expert:  Damien Bosco replied 7 months ago.

Possibly, there could be no adverse possession claim although not clear cut. If the deed was in her name and she had no children, it would go to her heirs. Your dad is not her heir. Possibly there can be an adverse possession claim since none of her heirs have ever attempting to claim the property. So, yes, it possibly could be an adverse possession situation in this case.

Customer: replied 7 months ago.
Okay, awesome. It looks like I was correct how complex this would become. So how would we proceed with the adverse possession?Also, is there any easy way to get my grandmothers home and land in my dads name as she had no will?
Expert:  Damien Bosco replied 7 months ago.

You would have to file an adverse possession claim. The difficulty may be in finding her heirs to serve papers.

As for your grandmother's home and land, if you dad is the only heir, then it would pass automatically to him. He could become the personal representative of her estate to execute a deed to himself.

Customer: replied 7 months ago.
Okay. Yes that will be most difficult. There's no one around to confirm whether she had siblings or heirs - she was almost 100 when she passed. As my grandmother's grandfather was the brother of the husband of the deceased, I think it may have been personally passed via verbal agreement to my grandmother (my dads mother), as she was managing the taxes and estate until my parents moved in. My grandmother had started the deed process once before but never completed it.My father has a brother, and a deceased sister with children. So that would split between them three ways correct?
Expert:  Damien Bosco replied 7 months ago.

Yes. Your Grandmother's home and land would pass to the heirs equally if there was no will. So, your dad and his siblings would share; and if the sister died after your Grandmother, her kids would get her shares. If you want to discuss further please let me know.

Expert:  Damien Bosco replied 7 months ago.

Hello again! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars for the service I provided to you. Best regards!