Jacksonville Beach, FL asked in Real Estate Law and Probate for Alabama

Q: My mother passed in 2015. I've been paying the Alabama property taxes on her land since. Can i get get it in my name?

She signed a power of attorney to my sister before she died.

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1 Lawyer Answer
Amanda B Cook
Amanda B Cook
Answered
  • Montgomery, AL
  • Licensed in Alabama

A: You really need to speak with an experienced real estate and/or probate attorney who can help you through the process.

If your mother passed without leaving a Will, or "died intestate", her property will pass to her heirs at law. But if there has been no probate and no one else's name is on her deed, in order to obtain marketable title you will need to open an intestate Estate, which is just the first step of many.

It really doesn't matter who has been paying the property taxes, especially at the four year mark (unless there was a tax sale, which is a whole different analyses).

Administering an intestate Estate can be difficult if you are not aware of all the steps that need to be taken. And whether you want to open an Estate right now depends on the goal you have in the near future for the property's use.

I strongly suggest you contact an attorney who can ask you the right questions to determine your goals, and then craft the best plan of action from there. Estate work can be expensive or relatively inexpensive depending on how much help you need to get you through the process, what county you're in, etc. A consult with a good attorney will help you under stand what steps need taken and help you make a decision regarding how much help you need at each step.

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