QUESTION

What can be concerning a will that was left by my dad? Initial will created in 1986 left ALL to my brother, Dad changed it in 2006, SPLIT.

Asked on Apr 12th, 2012 on Wills and Probate - Alabama
More details to this question:
The new will was locked up in a safety dep box and when he died my bro and I went to our lawyer together and paid for probate. Problem: the lawyer said the signatures were missing and called it invalid. So, my brother and I agreed to use the previous will for the probate process. The previous will left the house and all to my brother. Well, bottom line: My brother lives in Texas so we agreed that my family would move into the house (in Alabama) and we would have the deed put in both our names. Well, my brother has not contacted me in 3 years now and I have been unable to contact him. I cannot get insurance on the house because the probate process hasnt been complete and the house is still in my dad''a name. I paid for the entire funeral and legal fees. All propertytaxes have been paid my me every year and they are 3 times what they should be because I cannot file homestead. I can pay the lawyer for probate, however, I am not going to pay to have it put in his name as the first willstate
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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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
Answered on Apr 25th, 2012 at 4:51 PM

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