Huntsville, AL asked in Estate Planning, Family Law and Probate for Alabama

Q: My father in law just passed away. He set it up to where on his death his 1.5 acres with his house and another

Unattached 50 acres were automatically deeded to my husband and his sister. He had a mortgage. The sister says she wants nothing to do with the house or land so my husband asked her to sign a quit claim deed so that the bank will let him redo the mortgage and pay it off. She says that it has to go through a trust and them set up an estate and she isn’t “waisting” her life insurance inheritance on the cost so she can’t sign one and she wants the bank to foreclose and my husband can just try to out bid anyone else at auction. Is that true or is she just being her normal self not wanting it and not wanting my husband to have it either??

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

A: Your statements do not make sense. However a possible solution is have an AL attorney search the title, and draft a Quit Claim Deed for the one or two tracts to be conveyed from the Sister to your Husband. Sister would not have any financial or legal obligations.

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