Legal Question in Wills and Trusts in Alabama

Secretly Hidden Will - Who can demand it?

The husband has passed away, the wife will not execute the will. The wife is the only person who has the will (in her safety deposit box). The daughter of the deceased husband from a previous marriage wishes to probate the will. Can she or anyone else related to the husband probate the will against the wife's wishes?

The husband and wife had no children together...husband had only one daughter (in question).

Also, if the wife destroys the will, is the 36 year old daughter entitled to any percentage of the deceased husband's assets or does the wife get it all in the state of Alabama?

Thank you!!


Asked on 9/01/02, 11:40 pm

2 Answers from Attorneys

Jeff Johnson Jeff Johnson Attorney at Law PC

Re: Secretly Hidden Will - Who can demand it?

I am assuming that this is an Alabama will and the decedent here is an Alabama resident at his death. In Alabama, an executor, interested person or anyone who has custody of the will may have the will proved before the probate court. The wife in custody of the will may be ordered by the probate court to deliver the will for probate. The question here is whether the daughter of a deceased husband from a previous marriage is "an interested person" thus giving her proper standing to have the will probated. An attorney would need to look at more facts of the case to determine her relationship to the decedent. As to your second question, if the decedent died intestate(meaning without a will) the wife would most likely be entitled to the entire estate since it does not appear that the daughter in question was not his biological daughter or was adopted by him. Feel free to call me if you have any further questions.

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Answered on 9/02/02, 12:59 pm
Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: Secretly Hidden Will - Who can demand it?

Other relatives can probate the will if they can find a copy. Whether the deceased husbands daughter can inherit will depend on her exact relationship and whether the will can be obtained. You need to consult with an attorney.

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Answered on 9/02/02, 2:03 pm


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