If 3 heirs probate an estate with no will. And they come to an agreement and the Administrator makes the deeds and one of the

Asked 10 months ago - Jasper, AL

heirs has personal judgments would their judgments attach to the other heirs deeds and their part. would it be beneficial to probate to protect the interest of each heir that has no judgments opposed to us not probating and coming to an agreement and us making a division of property. I know that judgments would apply but would probating save the other heirs from the judgments?

Attorney answers (5)

  1. Peter Monfore Neil

    Contributor Level 7

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    Answered . Your question is confusing. If your ancestor died without a will, and there is real estate and none of your names appear on the deed, you will need to probate the estate to have a personal representative appointed so that this person can distribute the assets of your ancestors estate. You can usually get away with distributing untitled personal property without opening an estate. If there are titles like there are in cars, bank accounts, stock accounts, land then you will need a personal representative to transfer these titles.
    As far as your siblings judgements are concerned, if there is a single piece of real estate such as a home, and a deed is executed to all 3 of you, the judgements will attach to the property. If the property is a large tract of land, you could have it subdivided and and issue 3 deeds and then the judgements would only attach to her piece.
    Your sibling could possibly disclaim her share and then you can title the real estate to the other 2 and pay her cash for her share after the estate closes. However, there are time limitations to disclaiming if it is not done within the proper time limits, then you can not disclaim.
    I advise you and your siblings get together and consult with an attorney who is experienced in probate matters, real estate matters and debt collection matters if you want a complete answer.

  2. Cameron Lee Hogan

    Contributor Level 11

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    Lawyer agrees

    Answered . This is a tricky area. Deeds are routinely made in probate matters, and title companies sometimes require them, but oddly enough they actually have no legal effect. The laws of Alabama state that real property devolves at the time of death. You should consult an attorney experienced in these matters to assist you.

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  3. Clarence Blake West

    Pro

    Contributor Level 12

    Answered . It is not clear what your situation is. You cannot have an Administrator unless that person is appointed by the Probate Judge. That person can, with approval of the Judge, transfer real property to the heirs. If all the heirs sign a deed the judgment against one of the heirs will still attach to the property. The heir who has the judgment against them may be able to disclaim any inheritance or interest in the property. That could allow the two remaining heirs to take the whole property without regard to the judgment. You need to consult an attorney to make sure it is done correctly. A mistake could/would be irreversible.

  4. John Michael Phillips

    Contributor Level 19

    Answered . I am sorry to hear about your issue. If you can't get the answer you need here, you can have a local estate lawyer investigate the situation. Avvo has an excellent "find a lawyer" tool to locate a top-rated attorney near you who offers a free consultation.

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  5. Joseph Jonathan Brophy

    Contributor Level 20

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    Answered . It depends on how the deeds are made out. Sometimes administration can be handled without probate, but advice of a probate lawyer is a must. Drawing up deeds should never be attempted by non-lawyers under any circumstances. And don't just try to find a cheap lawyer who will follow the agreement of the heirs. The heirs need the advice of a wise lawyer how to transfer the property to avoid other problems besides judgments that may arise.

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