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  1. #1
    Join Date
    Oct 2007
    Posts
    3

    Default Right of Inheritance

    To Start the state this is all happening in is Alabama. My grandmother owned her house outright, she had this house built after my grandfather's death. She had 5 children, who grew up and married and had children of their own. My mother after her divorce lived in the house with ,y grandmother. When Grandma had her will done my mother was still alive. It stipulated that if my mother survived my grandma she could live in the house if she so chooses. My mother died about 4 years before my grandmother, leaving 4 surviving children. It has always been known in the family that she wanted her children to inherit her house and divide between them. she left what she thought to be a valid will. Now my grandmother died 2 years ago one of her daughters is trying to buy out the remaining siblings. This is where it gets complicated. The probate office has told my aunt that my grandmothers will is not valid because it was not witnessed by two witnesses. Shortly after my grandmothers death I had to sign a paper saying that I had no claim against the estate. It is a very small house in bad shape on about 2 acres of land. Now she cannot get a loan against this house because I had a judgment on me before my mothers death, but my mother died not owning any property. Now they are telling my aunt that there are judgments on this property one by a daughter, and one by me. I do not have the money and cannot get this money because of said judgment. What are my aunts options she has been living in this house for the past 2 years as the owner, paying the taxes and making repairs. I did not think that I had any claim nor did I want any claim on this house, when I signed this paperwork. What can be done to help my aunt? She is worried that she will be forced to move out and she doesn't want to. Is there anything to be done to the person who made this will for my grandmother and didn't procure the other needed signature? I thought by my mother dying before my grandmother that meant nothing for my mothers children. I don't expect nor want anything. Most wills deal with surviving husband and children. I am sorry if this doesn't make any sense and will answer any questions asked of me. Thank you for your time and patience.

  2. #2

    Default Re: Right of Inheritance?

    I'm sorry but you are correct, your post doesn't make any sense. What is your legal question? Try to keep it to one or two short paragraphs.

  3. #3
    Join Date
    Oct 2007
    Posts
    3

    Default Re: Right of Inheritance

    Can a judgment be entered against property I do not own, for example my grandmother owned her house, my mother dies before my grandmother then 2 years later my grandmother dies. She has 4 living children after her death.(grandmother) Don't they inherit it all? My mother doesn't get a portion after her death, or rather my sister and I don't inherit her portion after her death do we? Shortly after my grandmothers death I signed a paper relinqusihing all claims against my grandmothers property. Thanks in advance.

  4. #4

    Default Re: Right of Inheritance

    If you relinquished your rights to an inheritance to avoid a judgment, the creditors may be able to get the disclaimer set aside. If your grandmother did not have a will you and your sister would be entitled to your mother's share.

  5. #5
    Join Date
    Oct 2007
    Posts
    3

    Default Re: Right of Inheritance

    She thought she had a will but my aunt found out that the will was not good due to the person who drew it up did not get the required second signature. I did not sign the paper to get out of the judgment. I assumed that I would not be inheriting anything other than personal items and a few photographs. In the will it stipulated that if my mother survived my grandma she was to live in the house as long as she wanted for the rest of her life and then it would be split among the rest of the sisters. All my grandmother had was that house and the contents which was not a lot. My aunt has decided to pay off the judgment and I will be paying her back. Thanks to all for the advice and help. I really appreciate it.

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