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Alabama Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Alabama on
Q: what can i do if someone adds their name to my property deed.?

someone has added their name to property that I own. I have no idea who the person and since adding his name he has died.

Anthony M. Avery
Anthony M. Avery answered on Apr 2, 2021

There is no adding a name to a Deed. Whatever the case, hire a competent attorney to search the title. Then you may need to file a Quiet Title, Ejectment, Reformation, Remove a Cloud, etc type of Action.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Alabama on
Q: We want to purchase the lot of land beside us, but the deed is in a deceased person's name, the heir of the deceased

The heir of the deceased is also deceased, the 2nd deceased heirs said that we could purchase the land with an Heirs Deed, what is an Heirs Deed and is it guaranteed, what should be our worries

Anthony M. Avery
Anthony M. Avery answered on Mar 22, 2021

Hire a competent attorney to determine Heirship and draft an Affidavit of Heirship and a Deed for the Heirs to convey. A Warranty Deed might help you, but a good lawyer looking at the title and boundaries now is what you really need.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: need help on finding out the lawyer that my deceased mother had when the house was sign over too her

please help

Anthony M. Avery
Anthony M. Avery answered on Mar 18, 2021

Many times the Deed will have the preparer of the instrument on it. Sometimes the drafting attorney will notarize the grantor. So start by looking at the Deed closely. You might contact the grantor and ask him.

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: My aunt passed away recently and left no Will. She was never married and had no children.

My aunt had 2 brothers and 1 sister, also all deceased. The siblings all had children. My cousin (the daughter of the sister) met with an attorney in Millbrook, who advised that since her aunt had no will, they could probate the matter using her aunt's father's Will. Her aunt's... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 18, 2021

You didn’t say where the probate case is, but what you need to do is hire a probate attorney there to assist you. Any attorney who says that an estate can be administered using someone else’s will is not to be trusted because that simply is not true. Do not delay because there are deadlines... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: My family has 30 acres of heir property that has 15 properties (homes & mobile homes) on it. This land has been in the

Family for over 100 years...so many heirs. What are the steps to getting my one acre divided, in my name to be able to possibly sell in the future?

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2021

Unless the Heirs can come to an agreement to sell or deed it among themselves, that sounds like a classic Partition Action. You will need a competent attorney to search the title, determine heirship, and then file (and serve) a Petition for a Sale for Partition on all interested parties. The... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
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... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 18, 2021

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.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Alabama on
Q: In order to charge a tenant a penalty for breaking the lease early, does the least have to explicitly state the penalty?

My alabama home lease mentions nothing about breaking the lease early, does that mean they can't charge me for breaking the lease early?

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2021

No it does not. And the lessor can probably sue you for breach of contract for the remaining rent to be paid under the lease.

1 Answer | Asked in Real Estate Law for Alabama on
Q: can heirs of a property be held responsible for an existing lawsuit against the estate?
Anthony M. Avery
Anthony M. Avery answered on Dec 18, 2020

Sometimes yes, as on occasion the Creditor goes after the real property of the Decedent Judgment Debtor that went to the Heirs at death. Hopefully there there will be a convenient SOL curing title in the Heirs. You will need a very competent Alabama attorney to check the Probate, Intestacy and... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Alabama on
Q: My dad got divorced, had no will, and passed away. His ex wife’s name is still on the house.

My dad and his ex wife got divorced before they could come to an agreement on the house. She hasn’t been in the house over 10 years. He passed away with no will in place. He has two biological children(me and my sister) and a daughter that he and his ex wife adopted. The ex wife doesn’t want to... Read more »

Amanda B Cook
Amanda B Cook answered on Dec 18, 2020

To evaluate this fact pattern, an attorney will need to look at your father and his ex wife's Deed. However, it sounds like she could own half or possibly even the entire property, and yes you are correct that she could evict you or petition a court for a sale of the house at any time... Read more »

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Collections and Small Claims for Alabama on
Q: How can I have a judgment against me when I’ve never been contacted about any debt?

I am trying to sell my home and my title came back that there is a judgment against me that was filed a year ago. I have never been contacted about this and I have always paid my bills in full, on time. How can they do this without notifying me and how do I fight back? How do I find out who is... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 7, 2020

An Alabama attorney could advise best, but your question remains open for two weeks. As a general matter, depending on state codes of civil procedure for service of process, one possibility is that the creditor could have told the court that they satisfied requirements for proper service and was... Read more »

1 Answer | Asked in Banking and Real Estate Law for Alabama on
Q: Bank is holding insurance claim funds from Hurricane Michael. What happens to funds if I sell my house?

Mortgage lender is holding over $5,000 of my insurance claim funds from Hurricane Michael. I can't get them to release funds even though work is completed. They have came and inspected the repairs 2 different times. I had a disagreement with the contractor before he finished the work, so I... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Oct 29, 2020

The bank would release the funds to the borrower on the current mortgage when the time comes, even if you have refinanced with a different bank or sold the house. Make sure they have your current address at all times. Without a release of lien from the contractor the bank will not release the funds... Read more »

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Tax Law for Alabama on
Q: Owner of home died owing mortgage for a trailer that sits on my property can I claim it due to it being surveyed wrong

We recently discovered that a mobile home sits on the back corner of our property we found out the owner died owing a mortgage her family informed me that they knew it was on my property due to the survey being done incorrectly but never informed us of the error can the mortgage company be held... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 19, 2020

There is too much missing information to answer your question. You should schedule a personal consultation with an attorney to review the entire situation.

For example, a mobile home is generally considered personal property. In that case, there is nothing to prevent a lender from taking...
Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law, Constitutional Law and Construction Law for Alabama on
Q: Is there any federal law that will help someone fight an adverse possession on a 6 foot fence being built on a 400 foot

On a 400 foot track of land inside the city limits. The person that is the trespassor s. Has had the business. For 42 years and the person that ownes the surveyed land has only had it for 4 years.

Anthony M. Avery
Anthony M. Avery answered on Oct 19, 2020

There is no Federal Law which will control here. And the adjoining landowners have probably acquiesced to the fence being the boundary line irrespective of deed legal descriptions. You can sue for a boundary dispute, but you will probably lose irrespective of your survey evidence.

1 Answer | Asked in Real Estate Law for Alabama on
Q: How can I claim ownership with an heirship affidavit if heirs are still not in compliance about who claims ownership.

There are only four heirs that is me and my three siblings and they are not getting along about who the title should be transferred to. To clear it up.

Anthony M. Avery
Anthony M. Avery answered on Aug 28, 2020

I do not know what "compliance" is, but the Intestate Succession Statute determines heirship. You may wish to hire a competent attorney to ask a knowledgeable family member who the heirs are, and draft the Affidavit.

1 Answer | Asked in Real Estate Law for Alabama on
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 ?

Anthony M. Avery
Anthony M. Avery answered on Aug 26, 2020

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... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Land Use & Zoning for Alabama on
Q: I bought a Mobile Home from a individual and I have the bill of sale on it and my husband and myself decided to just

Rent the lot it was already on but a different person owns the lot. Well the person I bought my mobile home from left his camper trailer on the lot I am renting and everytime I ask him about having it moved he lies to me and tells me hes going to have it moved the following week. Well everytime... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Aug 18, 2020

You have no rights to the camper. However you do have rights to the lot it’s on since you are paying rent. Start charging him rent for every day it’s left therez

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Alabama on
Q: How can I get a deed for the land I live on?

Ok in 2016 I moved into my Dad’s trailer on his land which is in my dead step-mother’s name. My Dad said, This is your land now. But how is it my land if I don’t have a deed? I do pay the property tax’s on it. I hope you can help me answer my questions, I can’t stay in a run down trailer... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Aug 15, 2020

Did your step mother have a Will leaving everything to your Dad? If she did then you can get a deed. If not, then it goes to her next of kin and 50% to your Dad. Her next of kin will be her children and if there are no children then her parents and if no parents then her brothers or sisters.... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: I own property in Cullman, al. I run Angus cattle on. A neigh.rented 8 a.c.. now there is 10 to 15 rodeo bulls there

These bulls are destroying my fences, breeding my cattle, and have charged me and wife on our property. Repeatedly ask for repairs of my property, and contain these not ag animals.

Samuel G McKerall
Samuel G McKerall answered on Jul 29, 2020

Here's the primary law on it. There's a lot more than just this one, You can look at all the other Alabama laws on the subject by Googling Code of Alabama, and then choose the one that has the word "alison" in the web address. Scroll down to Article Three - Animals - and then... Read more »

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Alabama on
Q: i own 120 acres and my dad has a life estate on the property. he also owns the timber/mineral rights. can he sell them?

My father put the land in mine and my brothers name years ago but kept the timber/mineral rights. He has cut timber many times. Now he wants to sell the land and we don't agree. Can he sell the timber/mineral rights to someone without our knowledge? WHat happens to the land then?

Anthony M. Avery
Anthony M. Avery answered on Jul 28, 2020

If the conveyance to you and your brother is enforceable, then his reserving timber and mineral rights will also be enforceable. That could involve the entire surface of the 120 acres. You apparently state that Father owns the fee in timber and minerals, but only a life estate in the property... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can a restriction be placed so that property is not sold outside of family?

Before they die, parents want to deed land to children. Can a restrictive stipulation be included in a deed which only allows sell of any property to only be offered to the other children, or does this need to be included in a will? If original grantee sells land to a grandchild (not original... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 20, 2020

You will need to hire a very competent attorney to draft a Future Interests Deed over to a Class of Family Members. It must not violate the Rule Against Perpetuities. It should tie up the property for at least a hundred years, but property taxes and maintenance could be problems. It is... Read more »

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