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I've never before attempted to get a state (or any law for that matter) passed.

Now that it is after the holidays and the state legislature will soon be back at work I want and NEED to get this bill passed. Any help or information that you can give me will be greatly appreciated. I'm not a smoozer and am very direct so small talk isn't my forte.

One of my step silblings I MIGHT be able to reason with to give me some time. The other one I've no doubt would keep everything in the house. Both of them are extremly wealthly and own their own homes so it isn't a matter of them needing what my Mom's belongings would bring them at an estate sale.

Thanks in advance for your help/advice.

1 posted on 01/07/2007 8:10:22 AM PST by proudofthesouth
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To: proudofthesouth

Maybe the state could pass a civil union law that allows you to marry your mother... seriously, it sounds like your mom made a contractual agreement with her deceased husband that would stay in effect even if the law was changed.


2 posted on 01/07/2007 8:20:07 AM PST by widowithfoursons
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To: proudofthesouth
I asked about having an agreement drawn up between the step siblings and I and the attorney said that it wouldn’t be legally binding and wouldn’t hold up in court.

I don't see why not.

You've painted a very hostile relationship between the relations, here, and that's too bad. Perhaps the issue is you don't think you can agree on the terms. The thing of value in that estate is likely the house, not your mother's things, unless there are particular valuable things where ownership is not as settled as you think.

3 posted on 01/07/2007 8:27:45 AM PST by HairOfTheDog
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To: proudofthesouth
The attorney informed me that under Alabama law I don’t have any rights regarding time and that my step siblings could in fact change the locks on the house immediately upon her death and keep everything in it!

Maybe there is no law because civilized people don't behave this way. There can't be a law regarding every single event that may ever occur. Anyhow, I would get a second opinion about the idea of an agreement not being binding. I hope that is incorrect and a better option for you.

5 posted on 01/07/2007 8:31:03 AM PST by paul51 (11 September 2001 - Never forget)
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To: proudofthesouth

It would seem to me that you have some sort of tenant rights. Here in Michigan someone can just move into a house you own and it still takes you 30 days to evict them. I would look at that angle.


7 posted on 01/07/2007 8:33:02 AM PST by 70th Division (If we loose the Republic we have lost it all.)
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To: proudofthesouth

Your step father wanted to take care of his kids, but he also wanted to make sure your mother had the security of a home for the rest of her life. Your mother has a home and the kids end up (sooner or later) with the house. Fair deal.

It sounds like the step siblings own the house but you don't trust them. Maybe they don't trust you, either, and if your mother passes away you better believe they will change the locks. There will be a "custody" battle over nearly anything and everything in that house. "That was my mother's!" "No, that was my father's!"

My advice is to get everything of value out of that house NOW, while you and your mother have complete legal access. Even then, expect battles. ("Hey! Did you take the ____________ my father left here for me?") Inventory and photograph EVERYTHING for your own reference, and don't tell anybody you did so. Maybe rent a storage unit.

Good luck.

(Disclaimer: I am not an attorney but I read 'Cat in the Hat' to my kids.)


8 posted on 01/07/2007 8:42:26 AM PST by Lancey Howard
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To: proudofthesouth

I doubt you've been correctly informed. Title to your mother's personal property does not pass to the new owners of the house simply because she died there. Otherwise every tenant would be in a similar position.

Gaining access to remove the personal property might be a problem, but I doubt title would be in question, at least not if there is some documentation about the ownership of the personal property.


11 posted on 01/07/2007 8:53:09 AM PST by Sherman Logan
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To: proudofthesouth
You might want to consult another lawyer. He may have other options for you.

And you may just be up against what is known as the common law of Tough.

Good thing you found out before she died. You have a chance to figure out something. It would have been unfortunate to find out afterwords.
12 posted on 01/07/2007 8:54:32 AM PST by Cheburashka ( World's only Spatula City certified spatula repair and maintenance specialist!!!)
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To: proudofthesouth

Assuming the items in the house are furniture, personalty, etc., and that she has proof of ownership, she can:[a] give them to you now, [b] sell them, and gift you with thye cash , either all at once, or so much a year [depending on whether itr exceeds the gift tax cap].From what you wrote, the law entitles them to the house, i.e building, and heating equipemnt, stove refrigerastor/freezer, etc. The rest , I presume under the law down there, is not defined as part of the house, but the lawyer can tell you that.


17 posted on 01/07/2007 9:04:24 AM PST by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
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To: proudofthesouth

Don't think this is just Alabama. It happened to my friend in California. Why do you assume your step-siblings would be so mean? Other than that, you're screwed, my friend. However, you should thank God that your Mom has a place to stay until she passes.


21 posted on 01/07/2007 9:20:07 AM PST by Hildy (Words are mere bubbles of water...but deeds are drops of gold.)
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To: proudofthesouth
In plain-spoken, schmooze-free terms:

The house was the stepfather's and upon your mother's death, his family should inherit.

The attorney says that anything within the house goes with it, so move it all out! Have the sale now or put it all in storage. Buy or rent cheap throwaway furniture for your mother's use. Don't leave anything in there that the vultures can't have when the time comes.

I posted to this thread because my wife is in almost exactly the opposite situation. Her mother and father shared their lives for over 50 years before she died three years ago. I can only imagine the loneliness he felt after she passed - such that IMHO it clouded his judgement about the woman he married only a few months ago. He's absolutely smitten with a woman no one else can stand. Communications with them aren't strained, they're nonexistent.

He's in his late 70's and in poor health. He made a will, but may have altered it since the wedding. It was only through efforts from all of his children, along with his lawyer, that he was convinced to draw up a prenuptial agreement. I fear that upon his death, the house my wife and her siblings grew up in, along with all of treasures her parents built up over a lifetime, all go to a gold digger and her worthless family.

Does that put a different complexion on things?

23 posted on 01/07/2007 9:22:19 AM PST by ZOOKER ( How can you have any pudding if you don't eat your meat?)
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To: proudofthesouth

Your mom could move out and rent. She doesn't have to buy a condo or home. At her age, though, that really sucks. Sounds like a troubled family.


24 posted on 01/07/2007 9:24:13 AM PST by gcruse (http://garycruse.blogspot.com/)
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To: proudofthesouth
"should not have to worry about someone legally stealing her estate."

Why don't you come out and say it. You are worried about your inheritance. No one is kicking your mother out, her lifestyle will remain the same. I have seen this so many times where kids are looking after the estate instead of looking out for a single parents lifestyle while she is still on this earth.

38 posted on 01/07/2007 11:01:24 AM PST by Orange1998
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To: proudofthesouth

There's one in every family. I had a family member die and one of her siblings had kept track of everything they gave for Christmas or a birthday over the years and then showed up with that list to get them all back! Who does that?


39 posted on 01/07/2007 11:02:48 AM PST by OldTypeAmerican (Better to die on your feet like a man than to live on your knees as a slave.)
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To: proudofthesouth

Have your mom quit paying the taxes and let the house go in foreclosure and then move her stuff all out and some cheap junk in and have wild parties every night until the walls look like swiss cheese.

This is not legal advice.


41 posted on 01/07/2007 11:35:10 AM PST by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
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To: proudofthesouth
...and they were surprised that this loophole exists.

This "loophole" is known as the Common Law,and I know nowhere that Anglo-Saxon jurisprudence prevails where it is otherwise. If real property is not the subject of a will and you are not in the line of intestate succession, (i.e., who gets the property if there is no will,) then your "rights" only extend as far as the lease or rental terms.

53 posted on 01/07/2007 7:18:45 PM PST by Snickersnee (Where are we going? And what's with this handbasket?)
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To: proudofthesouth

You might check this website for information on probate in Alabama. (Scrowl down on the left hand side until you get to Title 43: Wills and Decedents' Estates



http://freeadvice.com/site_frames/template_fa_frames.php?web=http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm


54 posted on 01/07/2007 7:47:52 PM PST by Sally'sConcerns
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To: proudofthesouth

Is there a law protecting your step siblings share of the contents? (Another loophole?)

With your mom in temporary possession of the household items, how do your step-siblings know that YOU are not going in there and taking things that belonged to their DAD, before your mother dies?


56 posted on 01/09/2007 4:39:26 AM PST by TaxRelief (Wal-Mart: Keeping my family on-budget since 1993.)
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To: proudofthesouth
You might try contacting your congressman, explaining the loophole, and request he introduce a bill. McDowell Lee, our Secretary of the Senate, explains the legislative process nicely in this article.

Incidentally, I am the executor of my parent's estate. After my father died eight years ago, I added a mother-in-law's suite to my home, moved my mom in, and boxed up a 50 year accumulation of incredibly valuable possessions. All that "stuff" is still just sitting in those boxes.

57 posted on 01/09/2007 5:36:37 AM PST by Quilla
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