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.
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.
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?
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.
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.
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.