Foley, AL asked in Probate for Alabama

Q: Do I need an attorney to file for my decease mother property I am the 6th child who paid the property in full

My mother passed away in 1979.My eldest brother who was my caregiver and his family moved into the house after my mother passed years later they moved out because of the 5th child.I learned the house was in foreclosure when I started to move in months later after I finished school and turned 18.As I was cleaning to move in I found several foreclosure letters I called the number and was setup an appointment to talk about saving the house I was given 14 days to come up with the money and I did.i was written a promisery letter to make the payments on time each month until paid in full and I did.i been living in the house for 34 years paying the taxes for 34 years.All the other heirs do not wont any part of the property but the 5th child is now being ruly and telling me I don't own anything nor do I have the right to put anything on the property or it will be a problem if I do.what do I need to do to get this settled

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

A: I would recommend that you speak with an attorney to protect your interest in the property. The specific facts will be important in your case (and many of them happened so long ago). Someone will need to review them closely and only then will be able to advise you as to how to protect your interest.

Another option may be to contact a title company and ask for information on the current title to the home. A title company can run a search and provide a report as to who has “good title” to the property. This information would be most useful to an attorney. It sounds like you put a lot of resources into the home over the years, but you should be aware that you are probably going to need to invest some additional money (to pay for a title search and attorney) to protect your interest. It will be worth it in the long run.

Good luck.

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