Legal Question in Wills and Trusts in Alabama
My deceased mother's will
My mother passed away Feb. 22, 2003. My brother is the ''personal representative'' listed in her will and also the beneficiary of all of her real and personal property. My sister and I are named in the will. We are to share any cash my mother had (checking, savings, cd's) equally among the three of us. My brother says that my mother left behind only a small amount of cash which he spent to pay her funeral expenses and other bills. I know that my mother had cd's, savings, stocks, etc. My brother has had check signing authority and a power of attorney for years. My brother says that he spoke to ''someone'' at the courhouse who told him that since he is the main beneficiary, he does not have to have my mother's will probated. He says he will send my sister and me a check for our share of the cash (if there's any left), but he does not intend to probate the will or provide any accounting of the money. Is this legal? What course of action should my sister and I take?
2 Answers from Attorneys
Re: My deceased mother's will
You should immediately consult with a local attorney about demanding to take a look at the will. Once that is accomplished, she/he can then advise you as to what course of action is available. If your mother died in my area (I can't tell, since your question references both GA and AL), please feel free to contact me for that consultation.
Re: My deceased mother's will
Did your mother live in Alabama or Georgia? Either way, regardless of whether or not your brother is the main beneficiary, he can't avoid probate unless he wishes to face possible criminal charges for theft if he takes more property than he is supposed to.
If you are in Alabama, please contact my office for more information.
Bobby Lott, Jr.
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