Norcross, GA asked in Criminal Law, Real Estate Law, Probate and Small Claims for Alabama

Q: if my uncle signed everything into his girlfriend's name then dies the next day is she still entitled to the estate

1 Lawyer Answer
Jack T. Carney
Jack T. Carney
  • Probate Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: I can provide a general answer, but you may need to speak to legal counsel who can provide you with specific recommendations and advice, which would require an attorney to closely review all of the facts. For example, "signed everything into" could mean a transfer, a payable on death designation or a designation as a co-owner. The exact type of transfer would be important to determine whether it was effective for legal purposes.

In general terms if someone properly transfers an asset to another and then dies the next day, the new owner is the proper owner of that asset. For example, assume I give you an apple on Monday. If I die on Tuesday, the apple is still yours and my estate would have no claim to it.

The one exception is where the transfer itself was not proper and there are several reasons one could use to legally void a transfer (all of which depend on the facts of the case). Some examples include: undue influence, fraud, mistake and the incompetence of the grantor (giver).

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