Oneonta, AL asked in Real Estate Law, Land Use & Zoning and Probate for Alabama

Q: Guardian and conservatee issues

Alright have a question. My dad passed away sadly in 2012 mind you I was a minor at the time I was left money as a child and my mother asked my lawyer if she could get us a house with it & so she did. She was my guardian I was the conservatee on the deed. I am now 23 years old, she has not turned over the house to me or taken her name off of the deed and I am now having to threaten her with court. Because I now have two kids, she moved out in 2018 has not paid a single bill since she moved out. Me and my fiancé the father of my two kids took over the bills. I now can’t make any decision over the house without my mother’s permission because of the deed being in her name also. This is not something I want to take to court but I have to think about my kids and life is not promised tomorrow. What can I do about this?. Legally I was told by my lawyer years ago who is now deceased she has to by law turn this house over to me when I got of age I am now past the legal age now.

1 Lawyer Answer
William Vann Burkett
William Vann Burkett
  • Real Estate Law Lawyer
  • Huntsville, AL
  • Licensed in Alabama

A: You likely need to contact a lawyer who can file a lawsuit to enforce the terms of the conservatorship or guardianship. A probate lawyer or general civil litigation attorney may be able to help you. While it is difficult to make a determination without a full review of all facts and circumstances of your situation, you may have what is called "equitable title" to the property. You will likely need to file a lawsuit to quiet title. This will establish clear and marketable title to the real property in your name. You should consult a local attorney about your legal rights and options.

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