Atlanta, GA asked in Real Estate Law for Alabama

Q: If I sold my parents property in Alabama while my father was living (mother deceased) is it heir property?

Related Topics:
2 Lawyer Answers
Amanda B Cook
Amanda B Cook
Answered
  • Montgomery, AL
  • Licensed in Alabama

A: How can you sell something that is not yours? Your question is much too vague for any real estate attorney to answer over the internet. A lawyer will need to examine the title to see what rights, interests, and responsibilities all parties have regarding the real property. I strongly recommend that you gather all of the relevant deeds, including and especially the ones your father and mother (or possibly their ancestors) used to take title, and an up to date family tree starting with the individuals in your family who are grantees on all deeds that are recorded on the public record in the probate court of the county where the property is located. Only when you take all of these documents to a real estate attorney experienced in heir property issues will your question be appropriately answered.

Anthony M. Avery agrees with this answer

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: That Deed would be Champertous and Void on its face. There may even be criminal penalties, in addition to a very expensive suit to set aside the Deed.

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.