Opelika, AL asked in Real Estate Law, Estate Planning and Family Law for Alabama

Q: Our daddy died without a will or anything. Me and my sisterstep are heirs to the house. We decided to sign it over to

. We were just going to sign it over to our step mother . Some things have changed and now I am not willing to sign. My sister are willing to sign. Can I be made to give up my 3rd or how will this work. In Alabama.

1 Lawyer Answer
Jack T. Carney
Jack T. Carney
Answered
  • Estate Planning Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: If he died without a Will, you, your sister and your stepmother are probably the heirs to the property and you each will own a certain interest. Even though no one can make you sign over your interest, the other co-owners could force a sale for division. You would be entitled to fair compensation for your interest. In these situations I usually encourage clients to attempt to reach a compromise that helps all parties. If you are unable to reach an agreement then resorting to the courts might be your only option. These issues can be complicated so I caution you to consult with an attorney and share the specifics of your case before taking any action.

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