Posted on 01/07/2007 8:10:18 AM PST by proudofthesouth
I've discovered a "missing link" in Alabama's state law regarding estates. It turns out that step families or adults who live together in a home that only one of the adults own have no estate rights should one of the adults die.
I spoke to the my local state legislative office last Fall (prior to the elections) and they were surprised that this loophole exists.
Here is the body of the letter that I emailed to them explaining my particular situation:
My elderly mother lives in my late Stepfather’s house. (It is a large 3 bedroom, 2 bath home and everything in it except for a couple pieces of furniture belongs to my Mother.)
It was stated in my late Stepfather’s will (he passed away several years ago) that she can live there until her death as long as she pays the taxes, insurance, upkeep, etc. and she is complying with the will.
I am the Executor of her estate. A few weeks ago I spoke to a local probate attorney regarding how much time I will have to remove her property from the house upon her death. The attorney informed me that under Alabama law I don’t have any rights regarding time and that my step siblings could in fact change the locks on the house immediately upon her death and keep everything in it! I asked about having an agreement drawn up between the step siblings and I and the attorney said that it wouldn’t be legally binding and wouldn’t hold up in court.
I would like to see a law passed to protect people in this situation. It would not only protect the relatives of step families but roommates, adults who live together and even relatives (brother, aunt, cousins, etc) who share the same home.
The law needs to specify a time period to remove belongings from the home as movers, storage facilities (or in my case an estate sale) can’t be immediately arranged.
I wasn’t aware that I didn’t have any rights until I decided to contact an attorney. When I informed my mother about my lack of rights, she even considered moving (i.e. purchasing a condo or home which would wipe out her savings) in order to protect her estate and my inheritance. She has lived in and increased the value of this house for over 25 years. She is almost 80 years old and should not have to worry about someone legally stealing her estate.
This is a bill that I will actively work hard to see passed. Please let me know what I can do to help accomplish this.
Have your mom quit paying the taxes and let the house go in foreclosure and then move her stuff all out and some cheap junk in and have wild parties every night until the walls look like swiss cheese.
This is not legal advice.
I AM NOT AFTER HER MONEY!! She HAS BEEN EXTREMELY generous to me!!
But neither should my stepsiblings be able to take what IS her's.
I REPEAT I'm sorry I brought this up. I thought FReepers would be able to advise me on HOW to get a state law passed!
"I REPEAT I'm sorry I brought this up. I thought FReepers would be able to advise me on HOW to get a state law passed! "
Don't be sorry for bringing it up. I too was looking to see if anyone had some SENSIBLE answers, there weren't too many.
However getting a law passed may take far more time than you have. My advice would be taking the inventory with your mother stating on video what was what and who's was who's belonging. Get copies made of ALL important legal papers etc and keep them elsewhere. Make sure that her will is up to date and specifies what she is leaving for you and your son. You also should find the deed for the house and see just who's name is on it. That may solve some problems or may create more. If her name is on that deed then she is the owner of the house, not the stepsiblings.
To some it may seem crass to talk about things like this but waiting until the relative is dead is the WORST possible time to sort it out. Been there done that.
Good luck!
It was stated in my late Stepfather’s will (he passed away several years ago) that she can live there until her death as long as she pays the taxes, insurance, upkeep, etc. and she is complying with the will.
Then how does your dead stepfather have a house that did NOT belong to your mother after their death? He could not give away something that was "theirs" by marriage, unless there was some sort of pre-nup agreement that is upholdable. Sorry, if I die tommorrow my vast fortune (ROFLMBO) belongs to my wife by law, I can not just rip her to shreads and leave her what both of us earned without a pre-nup.
Sorry, something is fishy to me.
My Mom moved into the house that my (late) stepdad owned with his first, deceased wife.
Alabama law is screwy. Wives/Widows and women divorcees have next to nothing in rights in this state.
That is my question, how can his name mean anything when they were married (and no claims of a pre-nup) and he died. What belonged to him should convert to her. Perhaps his previous wife had clause that only her children could inhererit stuff, but that seems unlikely.
Without a pre-nub or something simular, I don't see how proud's mom doesn't already actually own the house. Unless the time limitations on challenging a will is over.
------------------------------------------
BTW... proudofsouth, I don't have a dog in this race, so it is nothing personal. I am just using this topic as a learning tool myself. One tends to put themselves in lots of viewpoints, and in this case some for you, some against you trying to see the other side of the arguement. Just as you do on the Alabama issue sections, so take the critism you recieve for other posters with a grain of salt, it is free insight in what others will think of you whether you like it or not. Except it doesn't matter here, and the opinions are free from bias. Use them to learn, as I have.
I don't know the Alabama law (I am not a lawyer).. but it seems to me that unless a pre-nup is signed, then what was your step dads becomes his wife's after his death. I know in Alabama, I can NOT even sign over my 401k to anyone other than my wife without her permission. I don't see where Alabama penalizes a second marriage with restrictd rights any more than a first marriage. Perhaps someone can enlighten me.
My Stepdad left the house to my stepsiblings in his will.
http://en.wikipedia.org/wiki/Community_property
Community property is a marital property regime that originated in civil law jurisdictions, and is now also found in some common law jurisdictions.
In a community property jurisdiction, most property acquired during the marriage (except for gifts or inheritances) is owned jointly by both spouses and is divided upon divorce, annulment or death. Joint ownership is automatically presumed by law in the absence of specific evidence that would point to a contrary conclusion for a particular piece of property. The community property system is usually justified by the idea that such joint ownership recognizes the theoretically equal contributions of both spouses to the creation and operation of the family unit.
Division of community property may take place by item, by splitting all items or by value. In some jurisdictions, such as California, a 50/50 division of community property is mandated by law; in others, such as Texas, a divorce court may decree an "equitable distribution" of community property, which may result in an unequal division of such. In non-community property states property may be divided by equitable distribution. Generally speaking, the property that each partner brings into the marriage or receives by gift, bequest or devise during marriage is called separate property.
No one can steal her personal property after her death. You're so worried about what you might miss that you are not thinking straight.
Your mom's happiness and peace of mind now is what's important. Stop making her worry.
I REPEAT I'm sorry I brought this up. I thought FReepers would be able to advise me on HOW to get a state law passed!
Lets look at the facts. If taking time off work to handle funeral and probate is a hardship then I serious doubt you have the time to change state law. I am not giving you a hard time but you need to be realistic in your goals. Stop worrying and enjoy the last years of your mother. Best damn free advise on FR.
This "loophole" is known as the Common Law,and I know nowhere that Anglo-Saxon jurisprudence prevails where it is otherwise. If real property is not the subject of a will and you are not in the line of intestate succession, (i.e., who gets the property if there is no will,) then your "rights" only extend as far as the lease or rental terms.
You might check this website for information on probate in Alabama. (Scrowl down on the left hand side until you get to Title 43: Wills and Decedents' Estates
http://freeadvice.com/site_frames/template_fa_frames.php?web=http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm
scrowl = scroll!
Sheesh SC...
Is there a law protecting your step siblings share of the contents? (Another loophole?)
With your mom in temporary possession of the household items, how do your step-siblings know that YOU are not going in there and taking things that belonged to their DAD, before your mother dies?
Incidentally, I am the executor of my parent's estate. After my father died eight years ago, I added a mother-in-law's suite to my home, moved my mom in, and boxed up a 50 year accumulation of incredibly valuable possessions. All that "stuff" is still just sitting in those boxes.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.