QUESTION

Do I have any recourse if a will has not been followed?

Asked on Jan 30th, 2012 on Wills and Probate - Alabama
More details to this question:
My mother passed away, and her husband, which is my stepdad did not let me know she had passed for 8 days, or even that she was ill at all, and did not follow her last wishes. I was wondering if I have any available recourse, I want to follow through with my mothers last wishes.
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1 ANSWER

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!
Answered on Feb 01st, 2012 at 2:30 PM

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