Legal Question in Wills and Trusts in Alabama

Mothers will

I had power of attorney for my Mom.

Long story very short ...sister,brother-in-law filed for guardianship.I didn't have money to fight so signed papers...

no choice.Judge and their lawyer just said I had to.

now 4 years later,,,Mom died 1/18/08.Sister and brother-in law

say they ran something in the paper and i need to come to their lawyers office and sign more papers.Why?and should I?


Asked on 9/17/08, 12:26 pm

2 Answers from Attorneys

William Nolan Nolan Elder Law LLC

Re: Mothers will

What they are probably referring to is a Notice and Waiver form that all heirs must acknowledge prior to a will being formally probated. As an heir, you have a right to be notified of the probate of your mother's will. The Notice and Waiver is a form that most heirs sign saying that they are aware of the probate. You are not waiving rights to challenge the will, only saying that you are aware that it is now before the Probate Court. If you have doubts though, consult a lawyer. If you don't have any money, call Legal Services. They might be able to help.

William G. Nolan

Nolan Elder Law

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Answered on 9/17/08, 12:54 pm
Rodney Edmondson McLaughlin & Edmondson, LLC

Re: Mothers will

It sounds like your Sister has probated your Mother's estate and they are now ready to close the estate out (which would require you to sign an acknowledgment and waiver). You need to speak with an attorney who handles probate matters to advice you on what to do. If you simply refuse to sign, after giving you notice of a hearing, they can close the estate without you if they wanted to.

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Answered on 9/17/08, 1:45 pm


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