Pell City, AL asked in Appeals / Appellate Law for Alabama

Q: If I appeal a will decision to circuit court due to a fraudulent deed do I need to file a lawsuit for adverse posession.

I purchased land from my family in 1989. I mortgaged and paid it off in 2006. When I paid it off I discovered my mother had forged my name on a deed and recorded it in 1996 when I had a severe car wreck. I demanded she deed it to me and she refused. I could not afford a lawyer as I became disabled. She made a will leaving me everything in 2015. She had dementia. I filed and was denied an evaluation in 2015. I was appointed guardian in 2017. She died in 2018. I presented my will and my sister had one too. My sister prevailed as she had the most recent will. I have lived on this property for 48 years and payed taxes on it. Can I be made to move or can I claim adverse possession as it was openly hostile. I also have farmed and tended as well as made improvements to it. My sister have not lived here but briefly in 1998. I am scared I will have to move and give up my life as I know it.

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1 Lawyer Answer
Charles William Michaels
Charles William Michaels
  • Appeals & Appellate Lawyer
  • Columbia, MD

A: First I am not an Alabama lawyer. That being said, I don't think you should initiate parallel litigation by filing an adverse possession lawsuit, but I think that you should file a motion with the lower court to "stay the judgment." That is, just filing an appeal does not ordinarily stay any judgment, to do that, the appellant must file a "motion to stay the judgment" --perhaps with a bond, but check your appellate rules. I don't know enough about your case to suggest the contents of that motion, however, you have the details of your case. If that motion is granted, then the implanting of the judgment is stayed while the appeal is active.

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