Legal Question in Wills and Trusts in Alabama
Father loses house and money
Upon my mother's death her will left the house and savings to a grandson. During a time when her life was unbearable after the death of a son she made her husband sign over the house and savings so she could provide for a young grandson in the event of her death. She wanted to die. This was 1996 and she lived until 2002. The boy is now grown and able to care for himself. My father is 73. My brother, the boy's father, is not willing to give the money back but is willing to give the house. The will is now being probated and my father is going to contest. At her death she was not aware of anything, she was in a world of her own for several years and didnot know anyone. What can I do as the daughter. I want this back for my father. I was also not listed in the will but that alright. My brother is handling this for his son and no one even talks to the boy. My brother has also threatened my father for contesting this. Can the law take his house and savings away from him. They were married for over 50 years and he took care of her the whole time.
2 Answers from Attorneys
Re: Father loses house and money
You do not say if your mother was a Florida resident and the house and assets were located in Florida or Alabama. If this dispute is taking place in Florida, there are statutes that protect the surviving spouse regardless of what the Will says. In Florida, there is a limited time to contest a Will. Therefore, your father should talk to a probate attorney as soon as possible. I cannot talk of Alabama law but if this dispute takes place there, I would still suggest your father seek legal counsel, and if that is the case perhaps you should too.
Re: Father loses house and money
You need to consult with an attorney in the county in which the will is being probated. There are certain rules with regard to contesting a will, and there are also statutes that give a surviving spouse certain rights with regard to property. good luck.
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