Alabama  |  Wills and Trusts

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10/27/09, 2:59 pm

Legal Question


My husband passed away in Dec. There was no will, his son from another marriage hired a lawyer to claim his portion and or threating to open an estate. After proving to him that there was no will and more debt than assets he dropped that ideal. There was a small piece of our land that was not right of survivorship. He would be entitled to 50% of his Father's 50%. However he has not carried through with anything. Is there a time frame that this has to be completed by or can it drag on forever? I need closure.


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11/01/09, 3:59 pm

Legal Answer


You will need to open an estate in probate if you want to cut off any claims that his heirs might have to any assets. If you do not open the estate in probate, you will be open to attack from them for years to come. If you want closure, that is your best solution.

William Nolan

Nolan Elder Law LLC 1232 Blue Ridge Blvd Hoover, AL 35226

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