Legal Question in Wills and Trusts in Alabama

Legality of NOT probating a will

My Mother died in l995. She left a will but my stepfather chose to "not" probate it. He also never let us see the will. He says there was no insurance...there was. What can we do and can we find out without going to court, the contents of the will and about her insurance. ?


Asked on 4/21/98, 1:13 pm

1 Answer from Attorneys
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Your Mother's Estate

You can open her estate on your own and cause the Will to be lodged, if she passed away in a Uniform Probate Code state, such as Colorado. If not, you should consult with an estate attorney in the state of her death. As an "interested person" you are entitled to know about the Will. You may not end up receiving part of her estate, but that would have been her choice. At least you will find out.

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Answered on 5/11/98, 9:00 am


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