How Do I Sell My Heir Property in Alabama?
A lot of people assume that when they pass away, their personal property automatically goes to their closest loved one or loved ones, no agreement or probate court necessary. Unfortunately, in a lot of cases this isn't what happens, and the decedent doesn't get to distribute their property in Alabama to the people they want it to go to.
Alabama Estate Law
Under Alabama law, there are a lot of things that can interfere with inherited property going to the right people—especially if the deceased person never made a will. Keep reading for more information on the legal process of inherited property.
Estate Inheritance without a Will
Every state has different rules surrounding estate assets and family. When a death occurs, and the deceased person failed to make a will before his or her death, the state of Alabama will, in essence, draft a will for them. The person becomes what is known as an intestate decedent.
Typically, any asset of the decedent will go to the closest living family members. That might sound like what you want, but things can get complicated quickly.
For example, maybe you have an ex-spouse that you have children with. With Alabama's default will, the bulk of your assets may go to your current surviving spouse—and not to your ex-spouse.
In addition to this, if you have multiple heirs, the default will may distribute property equally among all the heirs, even if that's not what you wanted. It's also important to think about your children and what specific assets you want to leave them. Without a will, the state may decide.
Selling Property to Your Heir
You might think that passing on a house or piece of property to your heir would be simple but, in Alabama, there are strict rules to follow. There's estate tax (sometimes called inheritance tax), court proceedings, a mortgage, and more to consider. Multiple siblings, multiple children, or other heirs can make things more difficult.
With multiple children, in the state of Alabama, all the heirs are entitled to their equal share of the inherited property unless the decedent specified otherwise.
Don't Leave Your Entire Estate to Chance
Transferring ownership of inherited property can get really complicated in Alabama—even if trying to leave property to your intended heir should be simple! Having a qualified personal representative will make all the difference in making sure your house and real property pass to the right owner.
Kristin Waters Sullivan can serve as that qualified personal representative or can represent you or your family member as personal representative of a loved one’s estate. As an Alabama native, she specializes in all things inherited real property, probate court, general inheritance, and death. She'll help make sure that your children or surviving spouse receive the inheritance you want them to, even after you're deceased.
Get in touch with us today to get started protecting your legacy.