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All legal documents must be drafted by an attorney licensed to practice in the State of Alabama. Parties to a transaction can draft their own documents if they are doing so on behalf of themselves.
A life estate is a form of joint ownership that allows one. person to remain in a house until his or her death, at which time it passes to the other. owner, referred to as the person with the remainder interest.
An additional potential problem with a Life Estate is that it does not offer creditor protection to the beneficiary, so if the heir has a debt or is sued, the creditor or court can come after the house. As you can see, a traditional Life Estate has the potential to create major conflict within a family.
Life estates are used in Alabama to avoid probate. Attorney Practice Note: Alabama does not recognize lady bird deeds (which are popular in a handful of states, like Florida, Michigan, and Texas) or transfer-on-death deeds (which are used in many other states).
Warranty Deed for Real Estate Located in Alabama The execution of a warranty deed must be attested by at least one witness or, if the party cannot write, by two witnesses who are able to write (35-4-20). A proper acknowledgement will satisfy the witness requirements listed in 35-4-20.