Legal Question in Wills and Trusts in Alabama
Probate of Will
My grandmother passed away in July, 2006. Her will was probated around 10/1/06. My uncle (her son) is the Executor and is to receive one half of her estate and my mother ( her other son is my deceased father) is to get the remaining half. Their father is also deceased. My mother has received nothing as of today. My question is what is the time limit my uncle has to distribute the estate.
1 Answer from Attorneys
Re: Probate of Will
The law prescribes a minimum of six month's time between the issuance of the Letters Testamentary and the closing of the estate, but in reality the time can be much longer than that. If an estate has estate tax due can significantly lengthen the period. If the assets are not liquid, that can also affect it as can claims from creditors. If you have any concerns, your mother can demand an accounting from the executor. He would then have to show her exactly what is going on in the estate. From the dates you gave though, March would be an aggressive closing date for the estate.
William G. Nolan
www.NolanElderLaw.com
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