Fort Payne, AL asked in Real Estate Law and Probate for Alabama

Q: We have offered my wife's uncle's will for probate. He had 2 parcels, one with house on it and other directly behind

first parcel. !st parcel is specified to go to grandson, 2nd is not mentioned. Knowing Neal, he probably didn't think about it as separate. The residuary goes to his son. We think Neal intended it to go to his grandson along with the 1st parcel. How can we get a definite ruling on this before we draft the deeds?

Related Topics:
1 Lawyer Answer

A: I wouldn't be drafting any deeds like that just yet, if I were you.

The will says what it says and the court is not going to be interested in what you think your wife's uncle probably didn't think.

If you've filed the will for Probate the Probate Court has jurisdiction and that is the Court in which you will have to raise the issue of what happens to the parcel behind the house. You'll need a lawyer. Your best bet would probably be to try to make a deal with the uncle's son, a trade or something.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing. The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website. Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.