Fairhope, AL asked in Real Estate Law for Alabama

Q: In Alabama, dad passed, no will, he owned 80 acres in his name only, how do I, my mother, and my brother split the land?

He's been dead for about 5 years now and the land is still in his name. My mother lives on the property. She refuses to let the property go through probate (she's claims it will cost too much) and there are no liens against the property that I know of.

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1 Lawyer Answer
Mr. James Parrish Coleman III
Mr. James Parrish Coleman III
  • Robertsdale, AL

A: If your father has been dead for five years, then the time for being able to probate the will has passed. In Alabama, a will must be probated, if at all, within five years from the date of the decedent's death. With no will, your father's property devolves to his heirs at law, which would be your, your sibling and your mother, assuming that your mother was married to your father at the time of his death. Documents can be drafted showing attesting to the fact that y'all are his heirs and a deed can be drafted essentially deeding the property to y'all. If you're located in Mobile or Baldwin County, please feel free to contact me at 251-947-6247 and ask for James P. Coleman III if you would like an attorney to assist you in this matter.

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