Legal Question in Elder Law in Alabama

Who has Standing in Arbitration?

My husbands's father did not have testimentary capacity. (proven to court's satisfaction)

The sister had a financial officer come to nursing home and transfer tittle to half a million in annuities from the fathers estate to herself. She also

had a will and living trust drawn up while he was in the last stages of Alzheimers and Lou Gherigs.

A conservative trust was brought by my husband and he prevailed . However she had already spent most of the money. Does my husband have standing to bring arbitration against agent and company who signed this man's money away. How can I find info about standing in Arbitration? thank you sincerely


Asked on 1/17/01, 4:30 pm

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Who has Standing in Arbitration?

I would need much more information in order to attempt to respond to your question adequately. When did your father pass away? What has happened in Court with his estate? Is your husband the administrator at this point? I think the administrator of your father's estate would have standing to bring a cause of action against your sister, or any potential heirs of the money that was spent would have a potential cause of action against your sister. Timing and the statute of limitations is an issue as well. If annuities were involved, beneficiaries were probably named, and said assets might have passed outside of your father's estate.

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Answered on 2/13/01, 10:32 am


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