In 1959, a husband and wife (Jean) bought a parcel of land as tenants in common. The husband died intestate (without a will), leaving Jean as his surviving widow and seven children: Wilma, Sybil, Arnold, Cheryl, Jane, Lynn, and Gwendolyn. Since he died intestate without his estate being probated, the parcel was owned as provided in Alabama Code § 43-8-41. This statute provides that if the estate is valued at less than $50,000, the surviving spouse receives all of the intestate estate. If the estate is valued at more than $50,000, the surviving spouse receives the first $50,000 in value of the estate, plus one-half of the balance of the estate, with the other half of the balance being equally divided among the children. See Alabama Code § 43-8-42. Since the husband's estate was not probated and since no value for the parcel can be established, a question arose: Was the parcel owned (a) solely by Jean or (b) by Jean and her children?
In February 1992, Jean and Jane (Jean's daughter) decided to build a residence on the parcel. To secure the mortgage necessary to financing the building of the residence, Jean and Jane decided to clear the title of the property. On February 17, 1992, Jean deeded the parcel to herself and Jane as joint tenants with the right of survivorship. On March 31, 1992, Jane and the other six children executed a quitclaim deed releasing all right, title, and interest they may have had in the parcel to Jean.
Jean died intestate in July 2007. Gwendolyn (another of Jean's children) was appointed administratrix of Jean's estate. On behalf of the estate, Gwendolyn sued Jane and the other children to quiet the title to the property. Jane maintained that she owned the parcel—or that she was entitled to an equitable interest in the parcel in view of her expenditures involving improvements, maintenance, taxes, and mortgage payments. Jane maintained she was the owner of the entire parcel because of the February 1992 deed. Gwendolyn maintained that any interest acquired by Jane was conveyed to Jean by the March 1992 quitclaim deed (which all seven children had signed). Thus Jean died owning the entire parcel; and since Jean had died intestate, the property was now owned by all seven children.
The Jefferson County Circuit Court agreed with Gwendolyn's position. Jean appealed this decision to the Alabama Court of Civil Appeals, which affirmed the circuit court's decision. See Bradford v. Brady, decided April 15, 2011.
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