Legal Question in Wills and Trusts in Alabama
Mentally ill refuses to sign papers
My grandpa passed away over 2 yrs ago. His will stated that all of his property(land) be equally distributed between his 4 children. My mom has paid all taxes and paid to have the land surveyed and divided equally, as they and agreed upon 2 years ago. Her oldest brother is legally insane, diagnosed with paranoid schitzophrenia many years ago. He refuses to sign any papers and insists that he is the ''King'' now that his father is gone. He basically wants everything. He is very irrational and most times violent. No one in the family knows what to do. He has been in and out of the mental health system for as long as i can remember. They have never helped him, other than holding him for a few months until he is on his meds. and then they let him out. It's a revolving door with no end in sight. My mom is financially and emotionally exhausted in dealing with him. She doesn't have a clue of what to do.
1 Answer from Attorneys
Re: Mentally ill refuses to sign papers
First, who is the executor of the estate? He or she should've sold the land or divided it equally already. Second, if you can't agree on values, you can ask the court to "partition" the real estate. Your uncle would not have much say-so in the matter. Whatever the value is is what it will be sold for.
William G. Nolan
Nolan Elder Law
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