Legal Question in Wills and Trusts in Alabama

My Father's Will.....

My father had a will drawn up at a lawyers office after he found out he had ALS and the doctors didn't give him long to live. My stepbrother, whose mother had been deceased for several years, took my father to the lawyer to have the will drawn up.

My father passed away in Dec. 2008 and no one has seen or heard anything about the will except my stepbrother.

I have called the probate office several times to see if the will has been probated but is still has not. I have asked about the will but my stepbrother says that neither my children or I am in the will so there is no need for us to even see it, also he has made a point of telling me that there is a no contest clause in the will.

I have recently found out that he has misappropriated my fathers insurance money, i.e. not paying the bills that he was supposed to.

Now my question is this, is there a way for me to go about making the will null and void or whatever I have to do to make me the sole heir, I have no siblings and the only other family my father had is his half-sister, and to make my stepbrother accountable for all of the money that he's used so far?


Asked on 5/31/09, 3:09 pm

2 Answers from Attorneys

Rodney Edmondson McLaughlin & Edmondson, LLC

Re: My Father's Will.....

Mr. Nolan is correct. You mention several possible reasons that might exist to contest the will and need to get competent legal advise ASAP.

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Answered on 6/02/09, 11:46 am
William Nolan Nolan Elder Law LLC

Re: My Father's Will.....

In my opinion you should have visited with a lawyer on this matter long ago and should not be wasting time on this site. You need help and you need it already. Contact an attorney who practices probate law in the county where the man died and consult with him or her on this asap.

William G. Nolan www.NolanElderLaw.com

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Answered on 6/01/09, 10:15 am


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