Legal Question in Wills and Trusts in Alabama

My husband passed away in Dec. There was no will, his son from another marriage hired a lawyer to claim his portion and or threating to open an estate. After proving to him that there was no will and more debt than assets he dropped that ideal. There was a small piece of our land that was not right of survivorship. He would be entitled to 50% of his Father's 50%. However he has not carried through with anything. Is there a time frame that this has to be completed by or can it drag on forever? I need closure.


Asked on 10/27/09, 2:59 pm

1 Answer from Attorneys
William Nolan Nolan Elder Law LLC

You will need to open an estate in probate if you want to cut off any claims that his heirs might have to any assets. If you do not open the estate in probate, you will be open to attack from them for years to come. If you want closure, that is your best solution.

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Answered on 11/01/09, 3:59 pm


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