Legal Question in Wills and Trusts in Alabama

Sister passed away then Father

My sister passed away leaving a surviving spouse and no children, shortly after my father passed away. His will made out before my sisters marriage states all his assets to be split between me, my brother and my sister. Does My siter's surviving spouse have her claim or should the assets be split two ways to surviving siblings.


Asked on 3/06/08, 1:38 pm

1 Answer from Attorneys

William Nolan Nolan Elder Law LLC

Re: Sister passed away then Father

I know you hate to hear this, but "it depends". The exact wording of the will controls whether her share would pass to her offspring or rather, whether her share would be split between the surviving siblings. It also depends on whether an attorney drafted the will or whether it was done by him or downloaded or bought at an office supply store. The Executor should have consulted with an attorney and that attorney would be able to tell you.

Good luck.

William G. Nolan

www.NolanElderLaw.com

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Answered on 3/06/08, 1:51 pm


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