Does Ownership Take Priority Over the Wishes of the Will
My question involves estate proceedings in the state of: Alabama
My father passed a few years ago.At the time of his death he was making payments on 80 acres of land. I cosigned with him on the land so my name is on the deed and mortgage. In his Will he divided the 80 acres between me and my 4 other siblings.The Will is currently being contested by his wife.In the mean time I have been making payments on the land without the aide of my siblings who are not responding to letters or phone calls regarding their obligation to help pay on the property. I can no longer afford to make the payments and would like to sale the property before my credit is ruined. My question is, since my name is on the deed and I am solely responsible for the mortgage, can I sale the land without the permission of my siblings and regardless of the fact that the Will is being contested? Please Advise!
Re: Does Ownership Take Priority Over the Wishes of the Will
How exactly is the property titled?
Your father can divide up any property interest that remains in his estate through his estate plan. His spouse may have a claim against the real estate under statutory or common law principles.
It would help if you would share sufficient facts to let us know the basis of the will contest and why the property is tied up in court - we can reasonably infer that your father died with some interest in the property remaining in his estate, but you're making us guess.
Re: Does Ownership Take Priority Over the Wishes of the Will
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Quoting
bigchilli
My question involves estate proceedings in the state of: Alabama
My father passed a few years ago.At the time of his death he was making payments on 80 acres of land. I cosigned with him on the land so my name is on the deed and mortgage. In his Will he divided the 80 acres between me and my 4 other siblings.The Will is currently being contested by his wife.In the mean time I have been making payments on the land without the aide of my siblings who are not responding to letters or phone calls regarding their obligation to help pay on the property. I can no longer afford to make the payments and would like to sale the property before my credit is ruined. My question is, since my name is on the deed and I am solely responsible for the mortgage, can I sale the land without the permission of my siblings and regardless of the fact that the Will is being contested? Please Advise!
your statements are incongruent. If you are a co-tenant, your father cannot divide your share with anybody. You would maintain, at least, depending on how the land is titled, at least a 50% interest in the land (presuming you shared the land 50/50 with your father). You father could, again, depending on how title is held, at most, divide and distribute his share of the land.
So, how is title held:
joint
or
tenants in common
If tenants in common, is it in equal shares?
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The Will is currently being contested by his wife.In the mean time I have been making payments on the land without the aide of my siblings who are not responding to letters or phone calls regarding their obligation to help pay on the property
I read that as the estate probate has not been finalized and as such, the siblings have no ownership, yet, and they do not have any liability due to that. You and your fathers estate are liable for the mortgage, taxes, etc.
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I can no longer afford to make the payments and would like to sale the property before my credit is ruined.
doesn't sound like that is going to happen. You do not have the right to sell others shares (whomever it ends up being) of the property, only yours.