Legal Question in Wills and Trusts in Alabama

Re: Who can open this will?

I am not sure i understand your term "open the will". Any beneficiary may have the will filed for probate with the appropriate court.

Re: Who can open this will?

Do you mean the wife will not admit the will to probate instead of will not "execute" the will? The will was "executed" if it was signed by the husband at some past time. Anyway, the daughter can submit a copy to probate court of the will if she can find one, together with an explanation that the wife is secreting the original. the court will then order the wife to produce the original. Perhaps you should retain an attorney. Don't hire the attorney who wrote the will for husband, though-- he will be a good witness to prove a copy as the true expression of husband's intent should wife destroy the only original!

Re: Who can open this will?

What you are probably referring to is 'open an estate.' As the daughter, you can petition the probate court to open an estate. Are you sure there is a will? If your father died intestate (without a will), then any children he had will inherit as well as his second wife.

Re: Who can open this will?

The daughter can have the will probated.