Birmingham, AL asked in Estate Planning, Real Estate Law and Probate for Alabama

Q: My father's Will (2004) left some property to me and 2 brothers but his wife got this property until her death then we

were to get it back from her. One of my brothers died in 2014 no Will and he didn't own anything(rented sec8 house, no creditcard, on disability, car was paid off, My mom paid for his funeral) so there was no probate filed by his 2 kids. 2 years ago my dad's wife (still living) signed the property in Winston county, back to myself, and brothers. We have agreed to sell the property and the buyer wants title insurance. The lawyer would not include my deceased brother because there was no probate. The buyer said he wouldn't buy without title insurance because someone could file a claim and take it from him if my brother had debits. Since he died in Jefferson county prior to getting the property, should this even be an issue? His kids are getting his 1/3. Is it true someone could claim the property? How many years do they have to collect? we aren't aware of any claims. How do I get title insurance in order to sell? Thanks!

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Estate Planning Lawyer
  • Knoxville, TN

A: Simply sell the real property to someone else. There may not be any title insurance available for several years on your property, even though it does not cover very many risks.

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