Legal Question in Wills and Trusts in Alabama
intestate probate?
My mother died in 2002.My mother changed will in 1999;left me and eldest sister out(without our knowledge).Mom made my brother executor/sole heir.Few months prior to death,mom sold brother her house/land for a pittance) without our knowledge. Day after mom's funeral, brother insisted we have reading of will. He came ''empty handed'' (no will)- attorney stated ''all I have is a copy of will'' and then proceeds to tell brother that he does ''not'' have to probate. My mother had ''personal property'' that is very sentimental, worth some money, that my eldest sister and I want to have-(also a car in my mother's name-brother tried to sell, but couldn't because heirs would not sign over title to buyer-but he has sold it since, somehow).Believe my brother & other sister have ''looted'' most of mother's personal belongings (jewelry, guns, furniture). The will has not been probated;I want to know if I still have recourse to claim personal property of mother's, as her heir, since no will probated? Siblings not gotten along for several years-been waiting to see if they offer items I asked for - they have not)I was told recent that I might file ''intestate probate''? If so,who would distribute estate? (Brother/other sister proven very dishonest!)Help!
1 Answer from Attorneys
Re: intestate probate?
If there is no will then all of the children would take equally. Additionally, the sale of your mother's home could itself be contested on several grounds. The problem sounds like a tough one since it all occurred several year's back and there might not be any assets left. A case like this could end up costing you but it sounds like you have grounds to contest their activities.
William G. Nolan
www.NolanElderLaw.com
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