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Will my father in laws property pass to his wife after his death last month?

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My father in law passed away last month without a will. He was a resident of Georgia. He was the power of attorney over property in Alabama that he and his three siblings inherited from their father when he died. All of the siblings names were on the deed however no land was ever portioned out and no surveys were done. Unfortunately some of the siblings are now trying to move in on the property to see what they can get out of it and are assuming that the property now belongs solely to them. Which state law applies and will my mother in law inherent His portion? Who would be the power of attorney now?

4 Attorney Answers

Best Answer
Hello,
Regarding the property inherited in Alabama, from your question it sounds like your father in law was the executor of his father's estate. You say that his name and the names of the siblings are on the deed. So depending on how title was held, either his wife gets or the other siblings get your father in law's share of the property.
Best Answer
Power of attorney is void upon death.
The language or lack of language on the deed will control what happens to the property.
It could be right of survivorship or tenants in common.
Tenants in common would mean his 1/4 would be probated in Alabama(real estate is probated whee it is located).
Best Answer
The Power of Attorney is only valid when the person who created it is alive. It dies when they die. Every state has different laws, but most of the time when siblings inherit property together and one dies, the dead sibling's share follows the terms of his or her will, often going to his or her own family. The exception to this would be if parent's will left the property to the children joint with rights of survivorship, in that circumstance if one child died in the future it would go to the others.
Best Answer
Land owned by more than one person is usually held as tenants-in-common. The law of each state determines how tenants-in-common land passes when one tenant dies. If the prior Power of Attorney names a successor, that will apply. Otherwise, there is no one with that authority.

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