Legal Question in Wills and Trusts in Alabama

I wish to protest a will that has just been probated. This concerns my uncle who willed his residenence, with restrictions as to selling or bartering away the property, to his son (my cousin) who has recently died. The uncle restricted the son to only will the property to a relative of his chosing (not named in the son's follo-on will). The son, under duress, willed it to his father's common law wife's daughter and son. The daughter is 50ish, and has been told that the will Bobby (son) made to her isn't valid, because he didn't have the rights to give it to her, as she's not a relative.

In my review of the law, a relative in Alabama is a blood-relative, which these folks are not.

The Executor of the uncle's will (his brother) executed a Warranty Deed in conveying the property to the Son (Bobby). I have also been told this is not the correct instrument and may cloud this issue, farther up the line in the conveyance rules.

My wants now are to determine my legal basis to:

1. Determine what legal grounds to be used to protest the Will

2. I understand this protest then kicks it to Circuit Court, meanging 2+ yrs to hit the docket

3. I'd like to, during this period of protest, to forebear the named Executor from executing his responsibilities under the son's will, and have the Probate Court judge instate either me or another blood relative as Executor. As these folks are begining to empty the house,etc., as you could imagine.


Asked on 4/01/10, 6:23 am

1 Answer from Attorneys

William Nolan Nolan Elder Law LLC

Contact a Mobile or Baldwin County lawyer for assistance. Jim Zeigler in Mobile is a good guy for this.

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Answered on 4/06/10, 8:28 am


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