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Q: Alabama laws governing inheritance of land ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Alabama laws governing inheritance of land
Category: Miscellaneous
Asked by: tywilson-ga
List Price: $10.00
Posted: 12 Feb 2005 10:03 PST
Expires: 14 Mar 2005 10:03 PST
Question ID: 473390
If my parents name is on the deed to land in alabama, and one parent
die, do the living children automatically become part owner of the
land.

From what I understand about the above senario,the living children
automatically become equal owner of the land with the remaining
parent.
Answer  
Subject: Re: Alabama laws governing inheritance of land
Answered By: tutuzdad-ga on 12 Feb 2005 14:22 PST
Rated:5 out of 5 stars
 
Dear tywilson-ga

Thank you for allowing me an opportunity to answer your interesting question.

According to Black?s Law Dictionary, Fifth Edition, there are four
fundamental types of ownership:

A ?tenancy in common?: a unity of possession that grants each owner
the right to separately convey and transfer his/her title to the real
estate.  If one of the owners dies, his or her title passes to his or
her heirs.

A ?joint tenancy? : a joint ownership where each owner has the same
interest. Each of the owners hold the right of survivorship; in other
words, if one of the owners dies, his/her interest automatically
passes to the other owner.

?Tenancy by entirety,? or ?estate by entirety?. This a joint tenancy
that includes the rights of a marital relationship.  In this form of
ownership, the interests of husband and wife in the real estate are
viewed as one and there is a unity of ownership with a right of
survivorship. In other words, a married couple can say to one another,
?What?s yours is mine and what?s mine is yours?.

The final form is known as ?community property.?  In a community
property state, each spouse in a marriage (but not necessarily
mentioned on a deed) has an undivided one-half (1/2) interest in the
real estate. This is best explained by saying ?What?s mine is mine and
what?s yours is mine too?.


?Alabama recognizes the following types of ownership: tenancy in
common and joint tenancy with right of survivorship, but not tenancy
by entirety and community property.  A grant of ownership of real
estate to two or more persons is presumed to create a tenancy in
common, unless the conveyance expressly states that a joint tenancy
with right of survivorship is being created.  Alabama Code §35-4-7.?

I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher


OTHER INFORMATION SOURCES

ALABAMA LEGISLATURE
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/130738.htm

LAWCHEK
http://www.lawchek.com/resources/forms/que/ownership.htm

Alabama Code §35-4-7.
Section 35-4-7 Survivorship between joint tenants.
http://www.legislature.state.al.us/CodeofAlabama/1975/35-4-7.htm


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SEARCH TERMS USED:

Alabama

Tenancy

Law

Probate

Intestate

Succession

Ownership
tywilson-ga rated this answer:5 out of 5 stars
Exactly what I was looking for. Your research was great, keep up the good work

Thanks

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