Legal Question in Wills and Trusts in Alabama

inestate

my uncle passed away without a will- alabama law is very clear how the estaste passe dow thru relation-heres the problem a n=man is claiming my uncle told him he could hsave everything mind you he was paid 67,00 to help out my uncle over a3 year period -the judge cannot make adecision - why it is clear you must have a will - and if he relly wated him to have it why didn't this fellow get him to do a will? They want us to settle 30-70 they are the 70% we overed them the hoise just to end all this but they rejrcted it


Asked on 5/09/08, 10:15 pm

2 Answers from Attorneys
William Nolan Nolan Elder Law LLC

Re: inestate

I don't understand your question. Do you already have an attorney? If so, what does he/she tell you? If not, why don't you already have an attorney? This doesn't seem to be small potatoes you are dealing with. Why would you not invest in expert legal advice rather than posing hypothetical questions on this list?

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Answered on 5/11/08, 2:22 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: inestate

Can't answer, can't read the judge's mind. Could be that the judge is considering awarding the caretaker an award for compensation based upon an "implied in fact" contract or unjust enrichment theory. but that would not likely result in an award for more than the value of his services minus the $67,000 plus prejudgment interest. If it is more than that it would appear that the case would be successfully appealed.

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Answered on 5/10/08, 7:07 pm


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