Legal Question in Wills and Trusts in Alabama

My father passed away and did not leave a will. My former step brother hired a attorney to start probate and then proceeded to remove all valuables of the estate. The attorney has not started probate and I'm getting collection calls from my fathers creditors. It has been 90 days since my father passed away I am the oldest child and I want to know what I can do to get my fathers probate started. My step brother has no entitlement to the estate. He is the son of my dads former wife who he divorced years ago.


Asked on 2/02/12, 10:41 am

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

Have letters testamentary been issued to anyone? You do not have to pay any bills of your father that are not also bills of yours. If you want to open an estate you can, without your former stepbrother, unless he has opened an estate first. Go see an attorney.

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Answered on 2/02/12, 11:15 am


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