QUESTION

My grandparents past away both couple of yrs. Ago their will states that if their children are the inheritance goes to their children my dad past a ye

Asked on Feb 18th, 2017 on Estate Litigation - Alabama
More details to this question:
My dad has past away grandparents property sold a couple months ago and his wife got all the money my dad had no will. Alabama law says she only entitled to half her and her lawyer failed to contact me and she has took all the money. What is my legal actions
Report Abuse

1 ANSWER

Maryellen Sullivan
If your father was still living when your grandparents both died, which it sounds like is the case, then your father was entitled to his share.  If he passed away after that, then his estate is entitled to that share or whatever is left of it, if he received it before his death.  Upon his death, if he had no Will, his wife (if she is not your mother) is entitled to half of his probate estate and his children divide the other half.  Please note that probate assets do not include assets in trust, or any assets that your father owned jointly with his wife.  If, for instance, he put the funds he inherited from his parents into a joint savings account owned by both he and his wife, those funds became hers automaticallly when he died.  They are not probate assets.  Assets that name a beneficiary or that have a pay-on-death designation also are not probate assets.  Instead, they go to the person named as the beneficiary.  Only assets owned in your father's name alone are probate assets, subject to administration pursuant to the laws of probate.   It sounds like his wife was appointed executor of his estate by the probate court.  Legal notice must be given to heirs and there is penalty for not doing so.  Executors must administer the estate in accordance with the law of intestacy, and the court can order an executor to do so or remove an executor who does not follow the law.  All of these actions are within the jurisdiction of the probate court for the county where your father lived.  As an heir, you are able to file requests to the court to address these issues.  You may need a lawyer's assistance in drafting them, or the court may have forms that you can use.  Good luck.  
Answered on Feb 18th, 2017 at 9:08 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters