Follow
Share

My mom died 5 years ago and had no will. Her name is on the title of land that my dad is trying to sell (Alabama). My mom's next of kin, at the time of her death, was my brother, my sister and myself. My brother has since died, and has 2 adult children. One is living in the US, the other in Saudi Arabia. The US child has responded to paper work sent by my attorney...the one in Saudi Arabia has not. My question is...how do we proceed with land sale without the response from him? Do we need to post a notice in Saudi Arabian newpapers (??) Or can we tell probate (we are in the process of probating my mom's estate) that he has not responded and move on with the case? I'm stumped and this is holding up a sale that needs to be made ASAP. My dad is 92.

This question has been closed for answers. Ask a New Question.
Thank you for giving us more information. I’m sorry you are having so much trouble with your nephew getting his paper work in.
I’m very curious as to how this will be handled if he doesn’t sign.
Sorry we didn’t have a magic answer to negate the need for him to sign.
Helpful Answer (0)
Report

And related, but non related to the question is an added twist...my sister is special needs and last year I became her guardian. I am the administrator of my mom's estate (this property in question is all she has), my sister has a guardian ad litem to keep her portion straight...and my dad has an attorney, as well. FORTUNATELY, other properties that my mom/dad had right to survivorship is now in my dad and my name so we won't have these issues. THIS PROPERTY, that needs to sell wouldn't be that big of a deal if the grandson would just sign the paperwork stating that he doesn't have to be present when decisions are made, etc....I'm not exactly sure what attorney paper work states but this is basically what grandson will be signing. It's been a long process of frustration...all because of the grandson.
Helpful Answer (1)
Report

97yroldmom: Attorney sent two sets of paper work to my brother's daughter here in Alabama, and she forwarded to her brother in Saudi Arabia. He has the paperwork but won't sign them----or rather, hasn't. Sister has contacted him several times, and attorney has as well...and he says he will notarize at the Embassy and send but he has not...and it's been many months now. I'm thinking he won't sign. Attorney says that he could present this to the courts and see what happens but this isn't the norm. Norm would be to publish in newspaper (or the like), wait a certain period of time and if no response we can proceed. Since he is in Saudi Arabia...this is tricky. We can't serve him paper work as we would in US via police officer. My attorney is working and doing what he can...but I just thought I'd add any input you all might have that could help.
Helpful Answer (1)
Report

Sendhelp: Please see 97yroldmom's response and my response above...this isn't true. My dad inherit's most of the property (his share + 50% of my mom's share...but the remaining 25% interest goes to my mom's heirs...which is the problem. We have signed/notarized paperwork from my niece who is here...but her brother in Saudi Arabia refuses to send paper work back. Just wondering if someone might have an idea that we haven't thought of. This is holding up the sale.
Helpful Answer (0)
Report

97yroldmom: This is exactly the case. We (my attorney) hasn't contacted the embassy but this is a great idea. I'll ask him about this. Thank you!
Helpful Answer (1)
Report

freqflyer: My mom and dad's names are both on this particular property with no right to survivorship so it now must be divided 50% to my dad, 50% of my mom's share to my dad, and the remaining 25% to the siblings...each grandchild will receive my deceased brothers portion--1/2 to son and 1/2 to daughter. The problem is that this property deed does not state right to survivorship so her half goes to my dad, and my mom/dad's children (and in this case--my brother's children since my brother is deceased). My attorney is doing everything that can be done--and has sent all necessary paperwork to Saudi Arabia for the grandson to sign/notarize but he refuses to send back. Attorney is proceeding with necessary steps with probate, etc. but I just wanted to know if anyone had ideas regarding the out of country issue. My mom did not have a will, and we thought that my dad had right to survivorship on all his properties. As we tried to sell this particular property we found that it was co owned with no right to survivorship. We were not probating my moms estate because she didn't have anything in her name...or so we thought. We are in the 5 year time frame for probating so this is fine...but the issue is my nephew who will not respond! So frustrating!
Helpful Answer (0)
Report

cmagnum: My mom and dad's names are both on this particular property with no right to survivorship so it now must be divided 50% to my dad, 50% of my mom's share to my dad, and the remaining 25% to the siblings...each grandchild will receive my deceased brothers portion--1/2 to son and 1/2 to daughter. The problem is that this property deed does not state right to survivorship.
Helpful Answer (0)
Report

Illustrator already has an attorney who knows who inherits.
The question is how to find the nephew (grandson) out of the country.

Mother died intestate. Rules governing when a will is probated is one thing. No will to probate. No time restriction.

The Spouse’s Share in Alabama

In Alabama, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or children. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with children who were born to you and the surviving spouse. Your surviving spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance.

Illustrator had you already contacted the Embassy?
Helpful Answer (1)
Report

Let the attorney handle it.
Otherwise, contact the constable (authorities in the area) to contact your brother.
Offer him a way to give POA so that this can be accomplished via signatures, notaries, etc.



I agree with FF,and CMagnum-
dad is next in line as heir.
Helpful Answer (3)
Report

I’m assuming the attorney has resolved who mom’s heirs are.

How did you get nephews address in SA? Do you know who your nephew works for? Does his brother have a phone number?
Try this site for the Saudi Embassy numbers and email address.

If you don’t have the release from all heirs the title to the property will not be clear.
Helpful Answer (2)
Report

illustrator, I agree with cmagnum post abvove, that the land would go to your Dad. According to what I had found on the Internet, for Alabama, the next of kin would be the spouse.... if there is no spouse, then the children would be next of kin.

Just curious why your late Mom's estate is just now being probated? Usually the estate goes into Probate within a few weeks after death. As for notification of your brother, I am surprised the Attorney doesn't know what to do. Are you using an "Elder Law Attorney" to help you with the Probate?

My own Dad passed in late 2016 and Dad's attorney placed his estate into Probate with a few weeks after Dad passed. It still hasn't been finalized. So don't be surprised if there is no ASAP.
Helpful Answer (2)
Report

Let me get this straight. Are your and your siblings' names on the title to the land or just your mother and dad? If it is just your mother and dad, the land automatically goes to your dad and he can sell it himself.
Helpful Answer (2)
Report

This question has been closed for answers. Ask a New Question.