Legal Question in Wills and Trusts in Alabama

Hello,

My WEALTHY, childless aunt Martha died last month in her hometown of Jasper, AL. She had dementia for the last decade.

Her niece Mary, my cousin, was her POA. Mary's husband, Tom, was the executor.

They have not been forthcoming with her will and none of her 10 other heirs have been privy to it. In addition, Mary and Tom's lifestyle has dramatically improved, with vacation homes and lavish home improvements and renovations.

Shortly after my aunt Martha's death, all the heirs received a certified letter from Tom, her executor, requesting probate be waived...as it would hasten the process, we were told. We all complied.

My questions, how do we go about seeing the will and are there any time constraints that we should be aware of? ANY information you may share, would be greatly appreciated.


Asked on 4/28/11, 7:12 pm

1 Answer from Attorneys

William Nolan Nolan Elder Law LLC

I encourage you to retain the services of an attorney, preferably in the county where the aunt's will was probated. He or she can then look into the specifics of the case to determine whether any wrongdoing has occurred and if so, what your options might be to challenge it. Assuming she died in Walker County, where Jasper is, I suggest calling the Walker County Bar and asking them for a referral in the Probate practice area.

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Answered on 4/29/11, 9:09 am


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