Legal Question in Wills and Trusts in Alabama
Will vs Trust
My mom died recently and prior to she had told me that she had a will. However after she passed away her husband said that everything went into a trust. And will not answer any questions. So my questions are....how can we find out who did her will? Can the husband fail to file probate because of this trust? And does his Trust over ride her Will?
There are assets that are in question (ie Jewelry and CDs and Life insurance policies)
1 Answer from Attorneys
Re: Will vs Trust
If she died an Alabama resident, you, as an heir, are entitled to know the specifics of her estate. You may not be included if it is in a trust, but you are nevertheless entitled to know what plans she had in place. Contact a probate atty in the county where she died and have her/him write a letter to the spouse. You should get some quick action and it shouldn't cost very much.
William G. Nolan www.NolanElderLaw.com
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