Asked in Real Estate Law, Estate Planning and Probate for Alabama

Q: If one person passes away on a tenants in common deed (acreage) & no will is left, who does their portion go to?

My grandparents had a few hundred acres in Alabama that was left to my dad and brother in a tenants in common warranty deed. My dad seems to think (but I want to confirm) that when he passes away that his portion will automatically go to my mom, and if she passes then to me. There is no will (to date anyways) that states where his portion will go by his wishes. So if that is the case, regardless of having a will or not, when the time comes for the portion to be left to an heir (after my mom of course) does my dad's portion just go to me OR does it go to both my brother and I and he then obtains a larger portion than I do since he's already on the warranty deed?

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

A: Assuming all of the children are children of your mom and dad's marriage, when you dad dies your mother will inherit the first $50,000 of his estate and half of the rest and everything else will go to the children (all of them) in equal shares. If your mom later dies without a will her estate will go to her children in equal shares.

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