Legal Question in Wills and Trusts in Alabama

One of my brother's is asking me to sign a "Waiver of Probate of Will". This brother is a lawyer and he told me this Waiver is so that I will not have to attend the reading of our Mother's Will. I am co-executor of Mom's estate with another brother. I noticed that the Waiver lists my brother as executor, but does not list my name in that capacity.

I verified that I have the original of the Will. My brother the lawyer say he will do this using his copy of the Will. I thought there could only be one original and the original had to be used. Should I be concerned?

Asked on 2/24/11, 8:06 pm

2 Answers from Attorneys

Rodney Edmondson McLaughlin & Edmondson, LLC

In the probating of a will, there are generally two waivers. The first is to probate the will and open the Estate and you are correct that normally you need the original if it exists. Also, it sounds as if you and another brother (not the one contacting you) are co-executors of the will you have. That means that one or both of you should be probating the will and not your attorney brother. I would be concerned that he has another will he is attempting to probate or he is basically saying that you do not desire to do so. You should be shown a copy of the Petition to Probate and the will which will identify the information you need. You probably need to get in with an attorney who handles probate and will contest matters.

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Answered on 2/25/11, 5:59 am

William Nolan Nolan Elder Law LLC

Normally the Waiver of Notice references a particular Will by date. If the Waiver doesn't do so, then I would request one that does match up the Will date with the will date referenced on the Waiver. That makes it less likely that a swap might occur.

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Answered on 2/25/11, 12:31 pm

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