Guntersville, AL asked in Real Estate Law for Alabama

Q: Yes , the property I own is in both my Mother and my name. She is deceased. I want to sell .

Do I have to remove her first from the deed , or can I sell as is ? If so what steps do I need to take in order to get this done ?

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: You do not state what the granting clause exactly is. You might own one half, all or nothing. Hopefully a competent attorney can search the title,determine ownership, and draft an Affidavit of Heirship. Mother cannot execute a Deed now. Land rarely goes through Probate unless the Estate is insolvent. Once your source of title is of record, then you can sell it.

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