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does a will stating a persons name and their heirs give the heirs any legal rights

Asked Mar 4, 2011, 07:51 PM — 13 Answers

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Wondergirl's Avatar
Wondergirl Posts: 31,368, Reputation: 24153
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#2

Mar 4, 2011, 07:59 PM


Legal rights to do what?
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scottldbaxter's Avatar
scottldbaxter Posts: 7, Reputation: 10
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#3

Mar 4, 2011, 08:07 PM
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Legal rights to do what?
The deed names a person and says "and their heirs". Does that give the named persons heirs any legal rights to the property or protect the named persons heirs from said person being able to sell said property without their consent...thank you for answering
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Wondergirl's Avatar
Wondergirl Posts: 31,368, Reputation: 24153
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#4

Mar 4, 2011, 08:15 PM


First you said "will." Now you say "deed." Which is it? (They are two entirely different documents.)
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scottldbaxter's Avatar
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#5

Mar 4, 2011, 08:25 PM
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First you said "will." Now you say "deed." Which is it? (They are two entirely different documents.)
Ok let me explain a friends grandmother passed away leaving his mother and her heirs some land in her will. The deed to the land now states his mothers name and her heirs on it .The deed is worded exactly as was the will. I'm just wondering what legal rights the heirs have to the land . Sorry for the confusion .
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Wondergirl's Avatar
Wondergirl Posts: 31,368, Reputation: 24153
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#6

Mar 4, 2011, 08:30 PM


Is your friend one of the named heirs?

Exactly the same people are named in the will as are on the deed?
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scottldbaxter's Avatar
scottldbaxter Posts: 7, Reputation: 10
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#7

Mar 4, 2011, 08:37 PM
Comment on Wondergirl's post
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Is your friend one of the named heirs?

Exactly the same people are named in the will as are on the deed?
the heirs are not named it just states the mothers name and say's "and her heirs" the mother has four grown children which would be her heirs...The grandmother passed away before the two youngest were born and that is supposedly the reason it was worded "and her heirs" there was no way she could know how many children her daughter would have
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joypulv's Avatar
joypulv Posts: 11,954, Reputation: 9201
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#8

Mar 5, 2011, 03:36 AM
What state?
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scottldbaxter's Avatar
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#9

Mar 5, 2011, 04:06 AM
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What state?
Alabama
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ScottGem's Avatar
ScottGem Posts: 58,112, Reputation: 28145
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#10

Mar 5, 2011, 04:58 AM
First, please don't use the Comments feature for follow-up questions or info. Use the Answer options at the bottom of the page.

The will is moot here. This is a very fine point. If the deed has been recorded as Jane Smith and her heirs, I would think the heirs would not have to be consulted on a sale. Legally a heir is someone entitled to inherit from a person. Inheritance does not occur until the the testator is deceased. Ergo, it could be argued that no heir exists until the primary is deceased.

I would definitely consult with an attorney familiar with AL's estate laws. Because this is a very fine point and is more likely covered by case law than statute.
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