Legal Question in Wills and Trusts in Alabama
Grandmothers Will
grandmother 92 pasted away, while trying to get all papers together my brother called sister in Alabama to ask her to send deed to the house (house in alabama was owned by my grandmother and was to be part of the estate which was to be split 5 way along with her other property in NY & invest.) Sister admits that 3 years ago while grandma was visiting she took her to lawyer and had grandma sign house over to her.For the past 5 years my brother has been handeling grandmas finances grandma was unable to handle finances, brother does not have power of attorney. Sister now also wants her 5th of the remaining property and invest. but does not want to include the house. for 3 years my sister knew this had been done and said nothing because she knew it was wrong,can she get away with this.
grandmothers will states everything should be split 5 ways..all of grandmas estate was to go to my father but father pasted away before her...fathers will stated all should be split 5 ways.My sister knew that all the stuff was to be split 5 ways it was my grandmothers wish and my fathers wish.i think she took advantage of a 92 year old woman who was not even able to take care of her self. can she get away with this
2 Answers from Attorneys
Re: Grandmothers Will
I would suggest that you contact an attorney in Alabama. An attorney admitted and practicing estate work in Alabama could tell you if what your brother and sister did was illegal. (Keep in mind illegal and immoral are two different things, unfortunately.) In New York, I would be concerned about undue influence or lack of capacity to make such a transfer. Alabama law, often, is quite different.
If the estate will be settled in New York, you will need to inform the probate judge of what has happened, and that you are investigating your brother and sister's actions. This way you will not have to settle the New York estate until all Alabama issues are resolved.
Good luck. This is a terrible situation, and I hope you are able to resolve it without tearing your family apart.
Re: Grandmothers Will
In a word, Yes.
A will controls only what is left at death
If there was a valid gift beforehand, and
it certainly sounds as though this is the
case, no matter how secretive, it will
still be upheld without need for an
accounting
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