Asked in Real Estate Law for Alabama

Q: Our mother has recently died & in her will she left her house, which has no lien, to us 3 daughters. Myself & one of my

Sisters want to deed it over to our sister that has lived in it for the last 4 yrs.what do we need to do?

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1 Lawyer Answer

A: Has the will been offered for probate? You can deed the house to her after the estate is probated. The will has no legal effect unless you offer it for probate. Even without opening an estate, you may be able to deed the house to her using what are called heir-ship affidavits. THis would not offer the protection from your late mother's creditors that an estate would provide. You should contact a lawyer concerning this. It is pretty easy to cloud the title on the property if this is not done carefully.

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