Alabama Probate Legal Questions

If the probate clerk does not have a Will, it has not been submitted for probate.  If you want to prompt someone to produce the Will for probate -- and you are an heir -- submit an Applicaiton for Determination of Heirship and Issuance of Letters of Administration.  Keep in mind that most people only leave things to their immediate family in their Wills and that you are likely not an heir under Alabama law unless your uncle left no spouse, no children, no parents and no siblings.... Read More

If you search her home, any safety deposit box, etc. and find no Will, there may well not be one.  If there is not, the court must determine who her heirs are and appoint someone to pay her bills and distribute the rest.  You may apply to be that person.  Contact a probate lawyer in the county in which she lived.... Read More

Because different states have different requirements for the execution of Wills (number of witnesses, use of a self-proving affidavit, etc.) and because not every state will accept a Will valid under the laws of another state, when moving to a new state you should see an estate planning lawyer in the new state.  That person will be able to answer your questions.... Read More

Your father's saying that the land is yours does not make it so from a legal point of view.  You don't say whether your father left a Will, whether he owned the land with anyone else, or who has the legal right to inherit this land.  You do not have a legal claim against that person or persons, but you could seek their cooperation if your father's wishes were known to all.  In that case, you either can enter into a written agreement that the land will be transferred to you, or they can transfer their interest(s) in the land to you by signing a deed. ... Read More

When a will is presented to a court for probate, all potential heirs must be cited to either consent to the will or come to court to offer objections. Wills can be challenged as invalid on nmany grounds such as undue influence or lack of capacity which may both apply here. I recommend that once you are cited, hire an attorney to represent your interests and keep good notes as to conversations with you dad. Because she is the named executor in the will doesn't give her any authority until the will is accepted as valid. Even when and if it is accepted as valid, her obligations are to follow your fathers wishes, not hers. You will have your day in court.... Read More

In Oklahoma, the wife would not be entitled to 100%, but 50% would belong to her and 50% to the child. Here, the child would have a cause of action in the probate court for 50%. If not the same, the rules would be similar in Alabama. The child will need an experienced Alabama probate and estate litigation attorney to advocate for him or her. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

This is a construction issue. It could be argued in court either way. However, it is unlikely that someone would leave you an empty safe. Get an experienced Alabama probate attorney to advocate this point for you in court, if someone suggests that your uncle did not intend to leave you the safe and its contents. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

Each state is different of course and I am a California lawyer. However, if you were here in California I would probably advise you to file for probate and tell the Court that your sister refuses to act. That will either make her act or she will continue to do nothing. I suspect there are a lot more issues here and thus I strongly encourage you to hire an experienced probate attorney in the state your mom resided at death. Good luck to you.  -John... Read More

I am assuming that you searched hard for your dad's signed Will by going back to the lawyer that drafted the Will, advertising in the bar journal for a lawyer who may have assisted your father and so forth, until you were certain that the signed Will did not exist anywhere. If you did not do that, you might want to do it now, anyhow. If you know for a fact that your father changed his Will, pursuing this course of action should turn up a lawyer with possession of the actual, current Will or a signed copy. But in the absence of the most recent Will, if you have no one who could testify to the existence of the newer Will and the revocation of the prior Will, then you are stuck with the situation. I would be much more concerned, however, about the fact that your beloved brother seems to have disappeared. I would call the police and file a missing person report. The legal bottom line is that your brother has legal ownership of the house whether you finish the probate or not. If your brother is dead, and depending on whether he has a wife or descendants, you may be a person who inherits from him in the absence of him making a Will. If that is the case, you can conclude probate of your father's estate and open a probate for your brother's estate. I would suggest you take a stronger interest in the whereabouts of your brother. Whether he is found or not found, you will need a good Alabama probate attorney to help you close these probates. At the end of the day, Anthony, you can always move, but you can never replace your brother. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.com http://www.linkedin.com/in/galeallison.com ... Read More

Each state is different. I am a California attorney so my answer not be suited to your state. Generally speaking her last wishes should be in writing. If in a valid written document (a "will" for example) they should be followed. If there is a written document and her wishes were not followed then the question is what damages you have. Are there assets you should have received but step dad kept them? Or is it more emotional damage (hard to establish) that he hid your mom's illness and didn't follow her wishes? In any event I would talk to an experienced probate attorney in the area where your mom resided. Good luck!... Read More

Certainly, such a Will can be contested in most states. Unless you were specifically disinherited in the Will, you should be able to assert your rights as an heir. Most of the time, you would have wanted to object at the time the Will was admitted to probate but it may not be too late. There are particular steps you must take in each state. The key is to hire absolutely the most qualified lawyer you can afford. See an Alabama probate lawyer immediately to help you with the specific steps. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/GaleAllison... Read More

Without more information, I cannot be sure I am answering this question properly.  But from what you've provided, here's some possibilities: Your mother must still be alive in order for her will to be changed because any will is revocable (meaning it can be changed) until a person dies.  Upon death a will becomes irrevocable and thus unchangeable.  So it sounds as though your sibling is serving as your mom's Power of Attorney (POA) for Property and with her permission he changed her will.  As long as your mother has not been adjudicated as disabled, she has the capacity to make any changes to her will or to allow her appointed POA to make any changes she requests and authorizes.  You don't have any rights unless you have allegations that the will was made under pretenses of fraud, duress or undue influence.....and it will not be contestable until the will becomes effective and that will be upon your mother's death.  Now, if you feel your mother is being exploited in some way, you may consider contacting the Department of Aging in your state to address these concerns.  Hope that helps.... Read More