Legal Question in Wills and Trusts in Alabama
Opening an estate
I am researching how to open an estate. Unfortunately, I am lost! Does the petition to open an estate have anything to do with alabama code? Can you free-write the petition or is there a specific form? I basically spent hours in the Mobile law library for nothing. I have a sample letter from Vermont,is that good enough?
I would appreciate your help!
2 Answers from Attorneys
Re: Opening an estate
Why do you want to open the estate?
Check the Alabama Code title 43, which covers estates.
Good LUck
Re: Opening an estate
My advice is very simple: if there are any significant assets to the estate, including and especially real estate, you should have an attorney handle this. Yes, it costs money. But a lot less than it will cost to have the problems fixed 5 or 6 years from now when you find yourself having problems selling assets, getting assets, being sued by creditors, or the IRS is on your rear.
If there are no significant assets, you could still hire a lawyer relatively inexpensively. I've done simple estates for $500 - someone wanted to get into a lock box to get to the stocks grandma owned. Not too difficult.
In any event, if you just need forms, you may want to review other cases recently filed. You will find some decent forms in cases handled by reputable attorneys.
But again, call your local bar association and get a referral to an attorney who does this kind of work.
Good luck.
Sterling L. DeRamus, Attorney at Law
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