Legal Question in Wills and Trusts in Alabama
The basic rights of those named in a will
If a person is named as an inheritor in a
will, does this person have the right to
know and communicate with the lawyer or
law firm handling the will? Are their any
circumstances which would prohibit a
person mentioned in a will from knowing
who is handling the will?
3 Answers from Attorneys
Re: The basic rights of those named in a will
As a devisee in the will, you are entitled to a copy of the will. You can contact the attorney for the estate, and he or she should be able to discuss certain things with you. In fact, the attorney may contact you and ask you to sign certain paperwork to enable the estate administration to proceed smoothly. Although you are certainly free to seek separate representation, you don't necessarily need to, unless you feel like the estate is not being administered according to the terms of the will.
If, for some reason, the attorney won't give you a copy of the will, if it's been filed for probate, you can get a copy in the Probate Judge's office.
Good luck!
Re: The basic rights of those named in a will
Any heir has the right to communicate with the attorney for the executor. He also has a right to seek certain information, or copies of certain documents. When I represent an estate, I often mail the heirs or their attorney copies of documents that will inform them about what is happening, and sometimes even ask for permission for certain action, to avoid future problems. Should you have more specific questions, contact me office.
Re: The basic rights of those named in a will
You have rights as a beneficiary under the will but it sounds as though you need help asserting those rights. Call an attorney, any attorney who works in probate court, to get help.
Best of luck!
William G. Nolan
www.NolanElderLaw.com