Mobile, AL asked in Copyright, Land Use & Zoning, Real Estate Law and Probate for Alabama

Q: My mother passed away 5 years ago and I have been living in the home. The property was left to me, my sister and brother

However my brother was the executor of the will and has been paying the taxes on the property what are my rights and can he make me leave and take sole possession of the property?

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

A: You did not say if the will was ever offered for probate. That is a key point. If it has been more than 5 years since your mother's death the will can't be offered for probate, and the estate would be handled as in intestate succession -- as if there was no will. I don't think your brother can make you leave the property. The fact that he pays the taxes on these facts does not mean that he can get the property because he pays property tax. If he means to or not, he is paying property tax on behalf of all of you.

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