Q: Question on ALABAMA REAL ESTATE and HEIRS ESTATE DISCLAIMER
I am one heir to our mothers estate who died 11/11/2015. As I understand a previous post, Alabama real estate automatically passes to the heirs after 2 years which is close approaching. The estate is still in probate; real estate has not been sold which is the primary asset in the estate. I would like to disclaim all rights to the estate. But, I read an article that says an Al Estate Disclaimer has to be filed in 9 months of death. Is it too late for me to file the Disclaimer? If not, do I have to do it before 11/11/17? What controls? 2 yr automatic transfer or 9 month estate limitation on filing disclaimer? HELP..it appears I need a timely response!!! My SINCERE thanks for efforts in answering my questions.
A:
What you need is a real flesh and blood lawyer, and not an anonymous internet board. While we love to help people, your problem has too many moving parts. You do have only 9 months to file a disclaimer as to inherited real estate. There is no two year automatic transfer rule. Real estate passes to the hers at the moment of death, but if the estate is insolvent, the creditors may insist that it be brought back into the estate so that it may be sold and the proceeds used to satisfy creditors.
Hire a competent local lawyer.
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