Legal Question in Wills and Trusts in Alabama

Husbands Death

Can I stop his family from getting information about his death, and what rights do I have, his sister has told everyone that we were divorced and has taken all his belongings and has managed to handle everything without my knowledge. Their is no will or anything done at this point as far as legal.


Asked on 4/11/07, 2:15 pm

2 Answers from Attorneys

William Nolan Nolan Elder Law LLC

Re: Husbands Death

My first question is why haven't you already consulted with a lawyer? If you are the wife and were not divorced and there was no will, apparently you have allowed someone to take things from you that did not belong to them. You need to find a local attorney soon to help you. You have specific legal rights and you need to see that they are honored. Check the ALabama Bar's lawyer referral service to find someone local.

William G Nolan

www.NolanElderLaw.com

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Answered on 4/11/07, 3:33 pm
Chip Browder Hubbard, Smith, McIlwain, Brakefield & Browder, PC

Re: Husbands Death

Were you and your husband perhaps separated? Why is your sister in law telling all who will listen that you were divorced?? Perhaps, your late husband told her this, and perhaps if proceedings had been begun to divorce, he actually believed that you had been legally divorced. Have you ever signed any divorce papers or received any court order to that effect?

you need to contact any attorney who has been assisting you with any divorce proceedings first to confirm your understanding that you remain married to the deceased.

Then assuming you were not finally divorced, you need to contact a local attorney who regularly practices in the probate court of the county where your husband resided prior to his death. A good place to start is call that local probate office and ask for a couple of names of attorneys who regularly practice before the court.

Also, is your name on the deed to the home?

if we can be of further assistance, please let us know, and again our condolences over your loss and we greatly regret to hear that your extended "family" situation is of such a nature at this time. Hoping you a better week in Our Lord, and kindest regards, Chip

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Answered on 4/16/07, 1:35 pm


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