Raleigh, NC asked in Estate Planning, Family Law, Real Estate Law and Probate for Alabama

Q: My father is deceased and we got a letter to pay his land/home taxes. His wife is MIA. How do I take over the estate?

The taxes have been paid through last year. My stepmother might live in a different state now. Her son was living in the house but might have moved. We have been estranged for years. I would like this property but I can't find out of there is still a mortgage or not on the house and land. My cousin drove by the house and it looks abandoned but not completely sure. My brother said dad said he had a will leaving everything to my step mother but as far as we know no will has been probated since he died almost 5 years ago. All I know is her Facebook page says she lives in Oregon now. The property is in Alabama and me and my brother live in South Carolina. We don't want to pay the taxes and pay a lawyer thousands of dollars to have the deed put in our name and then find out there is a mortgage that's still unpaid that's more than the house and land. I dont know what to do. I'm totally lost on this whole issue. And what if someone is still living there? That's another question. Please help.

1 Lawyer Answer
Kristine Jones
Kristine Jones
Answered
  • Montgomery, AL
  • Licensed in Alabama

A: You should contact a property law attorney (preferably where the house is located) and she/he can help you figure out about the mortgage/deed issue. If they can't help you with probate matters, then you would need a probate attorney to open his estate. Best of luck!

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