In Alabama, land passed down through generations without a will often becomes jointly owned by descendants. This form of ownership, frequently called intestate succession or fractional ownership, can create a complex web of ownership interests. For example, if a landowner dies without a will and leaves four children, each child inherits a one-fourth undivided interest in the property. If one of those children dies, their share is further divided among their own heirs.
This type of inheritance can preserve familial ties to land and offer a form of generational wealth. However, it can also pose significant challenges. Decision-making about the land, such as selling or developing it, requires agreement among all co-owners, which can be difficult to achieve. Historically, this form of ownership has made families, particularly those in historically underserved communities, vulnerable to exploitation and loss of their land. Understanding the legal complexities associated with this form of ownership is essential for preserving family land and building generational wealth.
