Miami, FL asked in Estate Planning, Land Use & Zoning and Probate for Alabama

Q: Grandma passed away no will. Just put in my father and my aunts name. My father passes and my siblings and I inherit his

House in grandmas name still. My aunt wants in her name and claims we still will inherit after she passes. But by us signing over we are giving up any right,right?

I dont believe her and she says its Alabama law no matter what?

1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: If you put the house in your aunt's name, then she can sell it to whomever she wants or leave it to whomever she wants in her will. If you are OK with that, then go ahead and do it. If you are not OK with that, then both your grandma's estate and your father's estate need to be probated to get the property officially transferred to to their heirs. Then, if you choose to transfer to your aunt with the expectation that she will leave it to you in her will, you should insist on a written agreement that says exactly that. You should hire an attorney to assist you with that.

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