Legal Question in Wills and Trusts in Alabama

My father had his Will prepared by an attorney in a county he did not live in. After his death, my stepmother Probated his Will in the county he lived and died in and said the attorney that prepared the Will was too busy to handle his estate so she is using another attorney. I think she has altered the Will after his death. My question is why would the attorney that prepared his Will refuse to talk with me or give me a copy of my father's Will. I want to compare the one the attorney has that prepared the Will with the one she has probated?


Asked on 2/13/11, 8:03 pm

1 Answer from Attorneys

William Nolan Nolan Elder Law LLC

Your father was the client and his business with his attorney is protected by the Attorney/Client privilege. It isn't that he doesn't want to talk to you but he is prohibited from talking with you. The rules in Alabama however do provide you, as an heir, with the right to review the will at the beginning of the probate process. You can then challenge the will on various grounds if necessary. Why don't you hire a probate lawyer to help you with this? The money you save could easily more than offset the legal fees. Don't delay. This is a time-critical process.

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Answered on 2/14/11, 7:09 am


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