land inhertiance question?

Question

My father's parents had 50+ acres of land in alabama when they died the land was divided between the children.  MY father inherited 4 acres of the land when he married he gave his wife half of the land  and they were identified as joint tenants in common but they did a warranty deed back to each other thus abolishing joint right of survivorship in the land deed. Also after the life estate of my fathers parents terminated my father at that time were supposed to 1 either sell the property by agreement 2allow my father to buy out his wife's part or deed the real estate to his step daughters none of those things were ever done. doesn't that void the deed and revert the property back to my father? MY father died a few years ago and i am his only son and  his wife is in prison  shouldn't I by law be legally able to get the land deed in my name. I have been paying property tax for 3years and the land is not being used and hasn't been used for 3 years I do go to the land occasionally to check it my father did not have a will and I have tried to get lawyers to help me but no one will what should i do please give me suggestions i woul like to have the deed in my name to go and live on the property ?

Mr Placid · Accepted Answer

This is something that should have been addressed when your father died three years ago.

If, when your dad died, the property was owned as tenants in common, then your father's portion passes through the intestate succession laws of Alabama, presuming he lived in Alabama at the time.  Given the facts that you provided, you are entitled to half of your father's estate.  (Wife is entitled to the other half.)  If that property was the only significant thing your father owned, then you should be 25% co-owner of that property.  As 25% co-owner, you would be entitled to live on the property.   But, you'll need to initiate a probate proceeding in order to be legal owner of the property.

You're probably giving an overly complicated story to the lawyers that you've contacted.  Go to a probate lawyer, and bring all the deeds, particularly the deeds that show the joint tenancy severance.  Without proof that the joint tenancy was severed, you get nothing.

Note that I'm not addressing that thing you provided about what was supposed to occur after the life estate was terminated.  If this was in writing, or a provision of the deed conveying the property to your father, then bring that paperwork with you to the probate lawyer as well.

Tiger Balm · Answer

The only way to transfer the title to you is through a court order. Based on what you are describing the house belongs to your fathers widow. Not sure why you are paying the property taxes. 

Since the property was deeded to your father at some point, What your grand parents did has little to no relevance.

Othniel · Answer

This is too detailed and sensitive to be answered on this forum. You need to consult an attorney in Alabama who should be able to advise you. Some states allow a claim for real property if the individual has paid the real estate taxes. But, the law varies state by state and for that reason you need legal counsel to help you untangle this situation.

Sharon T · Answer

Of course you can find a lawyer to help you, but you will have to pay him.  They don't do this for free.

Suggest you contact a local title insurance company to ask them how to proceed.  If your step-mom was an owner, she probably still has an ownership interest in common with you.

Landlord · Answer

The land belongs to the wife.   Her incarceration does not void her property rights.    There is no law that would allow you to steal her land, you have no more right to it then I do.

If you want the property contact the owner and offer to buy it.   She mau sell it to you.

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land inhertiance question?

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