Legal Question in Wills and Trusts in Alabama

Re: executor legal powers

First, our condolences over your Mother's passing and on behalf of our profession, apologizes over your current quandry.

Yes you have the right to demand an accounting and if your brother refuses, then you can petition the local probate court to enforce that right.

you say the will sets up a trust; who is named as the Trustee of that trust? your brother, or some other individual? Why was your Mother concerned enough in her Will to provide that your inheritance apparently passing into a trust rather than you directly?? That is, unless her Will names you as your own Trustee?

you should consult with an attorney who regularly works in the probate court and has dealt with trust matters. If your local attorney(s) has a conflict since your brother is an attorney, please let us know and we will be happy to assist you or otherwise locate you an experienced attorney in this area of the law. good luck, Chip

Re: executor legal powers

I suggest you hire yourself an attorney who is comfortable working in the probate and trust area of the law and consult with her/him. Let the attorney know upfront though that your relative is a lawyer because there may be a conflict of interest that needs to be known before you tell them too much. A lawyer who works in the county where the will is being probated is a plus as well since he/she knows the local probate practice.