Legal Question in Wills and Trusts in Alabama
Siblings too eager to close estate
My mother-in-law passed in June of '05. My husband's oldest brother was given the position of executor of her estate. While my husband has been told numerous times by his sister that there are no funds in the estate, his other siblings are extremely eager to close the estate and are literally hounding him to sign off on it. We requested copies of the will from their attorney, but did not receive all of what should have been included. Since we live a great distance from the county where the will is in probate, it is near impossible for my husband to visit the courthouse in Mobile, AL for the records. One thing that peaks our suspicions is that the executor sent him a check for $1000 just a few months after his mother's death with no explanation. Furthermore, my husband distinctly remembers his mother having several substantial life insurance policies that his siblings claim no longer exists. My question is, is it necessary for my husband to sign the papers in order for the estate to be closed? In addition, since all outstanding debts filed against the estate have been paid, what would be the benefit for his siblings of having the estate closed?
2 Answers from Attorneys
Re: Siblings too eager to close estate
Once the estate is closed your husband's claims, if any, are forever barred. If he has suspicions about the estate, he can call for an Accounting. You will need an Alabama lawyer to handle that but it will certainly get their attention.
William G. Nolan
www.NolanElderLaw.com
Re: Siblings too eager to close estate
The Judge can order the estate closed after holding a hearing on that issue, whether or not your husband signs off on the paperwork. Having all the heirs sign waivers allows the estate to be closed without having a hearing.
The benefits of having the estate closed are two fold: 1)it allows the Executor to make final distributions of the assets of the estate; 2)it relieves the Executor of his responsibility and fidcuiary duty toward the estate and allows him to let his bond lapse, if one was required.
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