Legal Question in Wills and Trusts in Alabama

Re: Death and Debt

The real question here is whether you are willing to turn your sister in to the authorities. She has committed several crimes here. Fraud, elder abuse, theft, you name it. It doesn't sound like your father's estate or your mother should be liable for any of it. However, like all identity theft, it takes time and effort to straighten it out. There is also the added twist that the thief is a relative, so it may not be so easy.

You do have a leg to stand on, but you will have to get the police involved, and your sister will probably go to jail over this. In the end, it does not sound like the estate or your mother should be liable for any of it. However, your mother can't be wishy washy about it. Either your sister did wrong, or she didn't. Protecting your sister means Mom gets to pay all the debts.

This decision needs to be made quickly and decisively. It looks like you just found out about it, so that's good. Unless your mother is willing to pay off your sister's debts, this needs to be reported right away, and the authorities involved.

Re: Death and Debt

You will have to prosecute your sister and your mother will have to prosecute her daughter for identity theft. If you don't want to do this, your mother will likely lose some of her property. She stole money from the lenders committing federal and state fraud crimes. See a lawyer. Good Luck.

Re: Death and Debt

I note that you said the real estate is in Alabama or at least the question regards Alabama law. I can't answer for Texas but here in Alabama, unsecured creditors have to prove their claims in order for the Probate Court to give them a payment. If the credit cards were fraudulently issued, the credit card companies shouldn't be able to prevail. Let the credit card companies prosecute your sister. Meanwhile, proceed in Probate as if the debts didn't exist. Let them try to prove they are valid.

William G. Nolan

www.NolanElderLaw.com