Legal Question in Wills and Trusts in Alabama
my husband died almost 2yrs ago, he left a will and before he died made a quick claim deed of house car and some land to me, the will was probated and said to be a legal true last will and testament, this week I recieved notice from my lawyer saying I have to write down all my husbands assets including car, cutlery, dishes etc and it must be a true statement or I will be held responsible, this is the first time he has mentioned this and of course after all this time I have disposed of quite a few things and sold some, the letter states I should report all that comes into or goes out of the estate, I am so confused and scared that I have broken the law, my lawyer is hard to get in touch with and I have no faith in him, my husband has 3 adult children from a previous marriage, I told them they could take what they wanted after their father died, his daughter took several items and I haven't heard from them since, my husband left some items including some land for them in his will but up to now they have done nothing about it, I have been paying tax on their land up to this year, please help as I am so concerned as the letter states the estate will stay open for 6 mths during which time claims or contests may be filed does this mean someone could come and take everything from me?
1 Answer from Attorneys
THis is a pretty typical situation. Your lawyer has described to you what your duties are as executor of the estate. Before the will is offered for probate, no one has any right to take anything from the estate. The responsibility of the executor relates back to the time of the death of the testator. The questions I don't see answered are -- who takes in the estate? Who inherits the "stuff"? and -- what debts did your husband owe when he died? Was there a mortgage on the house when he deeded it to you with a Quit Claim Deed? Did the will state that you are not required to make an inventory? Call your lawyer and make an appointment to see him. It is much easier on a lawyer to prepare for a meeting and explain all of this to you than it is for him or her to answer a lot of telephone calls on specific subjects. Help your lawyer help you. Tell him or her that you don't understand how this works and are concerned. He or she will not be able to teach you all there is to know about Probate Law, but your lawyer should take the time to explain how Probate works. It is amazing how little most folks understand about how all of this. The last question, did your husband have debts when he died? If so, those must be paid out of the property he left behind when he died. If you have given away all of the property before paying the debts, you will have to pay the debts from what is left in the estate. There is also a priority of what debts must be paid first. Your lawyer can explain. If he or she will not take an hour (at his or her regular hourly rate) to explain this to you -- find another lawyer. Good luck