Q: Seeking advice about rights and recourse for mother's house sold after probate in Alabama.
I am dealing with a complex situation involving my deceased mother's home. After her death in 2018, my stepfather passed away, and his children took over, claiming my brother and I had no rights, despite us paying property taxes on the home. The house, located in Walker County, Alabama, went through probate, but we were informed it was abandoned and eventually sold by an agent, although we were not notified officially. My brother, Lonnie, has been paying taxes under the name 'Larry', which raises concerns. We are unsure of our legal rights and any recourse we might have with the sale and distribution of the property.
A: If the home was held by the married couple as "joint tenants with rights of survivorship," then your stepfather got complete ownership the day your mother died. The stepsiblings sold it and pocketed the proceeds and thank your brother cheerfully for paying the taxes. If the deed of title for the property said something else, then you and your brother might have some rights to it, but you might have to reopen the estate, file objections, etc. This requires a Walker County lawyer, or, at least, a north Jefferson County or north Tuscaloosa County lawyer who is fearless about shaking things up in Walker County.
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A:
It sounds like a very challenging situation, especially given the confusion around the property’s ownership and the sale after probate. In Alabama, after someone passes away, their property typically goes through probate, where the deceased's estate is distributed according to the will or state laws. If the probate process was handled properly, your mother’s house should have been addressed as part of that process. If you weren’t notified about the sale of the house, it could indicate that the proper legal steps were not followed.
Given that your brother has been paying taxes on the house, it’s important to check the official records to see how the property was transferred during probate. If you and your brother had rights to the property that were not respected, you may be able to challenge the sale or demand restitution. The fact that your brother paid taxes under a different name may complicate matters, but it’s worth clarifying to make sure that no procedural issues are overlooked.
At this point, it might be helpful to consult with a probate attorney who can help you review the details of the probate proceedings and the sale. If the process was mishandled or if your rights as heirs were ignored, you may have a legal path to pursue the matter further. Keep in mind that acting quickly is important, as there may be time limits on challenging property transactions.
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