Legal Question in Wills and Trusts in Alabama

My Mother died recently after several months in the hospital. She had her last will and testament made out to me her son. She has two grand daughters who had tried to con her into signing some papers a few months back to leave everything to them but she refused. My mother had a stroke and it affected her mind. One of her grand daughters worked at the bank where she did business. Seeing she wasn�t capable of making decisions any more I decided to go to the bank to see what I needed to do to take over her account since I was the only one on her well and she trusted me. I spoke with a lady in the bank who dealt with the situation I had. She told me I would need to get a power of attorney. I was going to talk with a lawyer about it sooner or later when I found out my two nieces had beat me to it. I know the lady I spoke with in the bank told my niece who works with her and her friend told her of our conversation which I believe should have been confidential. Before Mother got sick I had been living in Colorado. She ask me to come back home to Alabama to be with her in her last days and to take care of her. She had told me on several occasions that her two grand daughters never wanted to see her or help her in any way. She was living in a government home which she had to beg them for me to stay with her. So they let me stay as a live in aid. And the only reason I did it because I would have done anything for my Mother. Mother had told me she had about $5000.00 in her saving and she had an insurance policy also she was leaving me. She also told me all of her funeral expenses were taken care of. I planed to keep paying the rent myself which was only $61.00 a month but my two nieces went to the housing and without any consideration for me or Mother came to the house and I had to leave on the spot without a place to go. I felt truly betrayed by my own family. But to make the story a little more to the point Mother passed away after about 5 months in the nursing home. To my surprise when I went to the bank to close her account their was only $239.00 and they refuse to give me her records to where all of the money went to which I desperately needed and no policy either.


Asked on 3/18/10, 1:49 am

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

You mentioned a will. Has it been offered for Probate? Statements your mother made to you and the power of attorney executed before her death are not important right now. If there is a will, it should be offered for probate. If the grand daughters did not use the power of attorney for the benefit of your mother they may be accountable to the estate for the amount taken from the bank account. Remember, a power of attorney is only valid when she was alive, a will has effect only after she is dead, and when it is offered for probate. Get to a lawyer and get the estate open. The court will expect the terms of the will to be followed. There is a lot involved in this, and you need legal help here. Good luck

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Answered on 3/23/10, 5:31 am


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