Legal Question in Wills and Trusts in Alabama
Sitter is name the executor of will
My Aunt passed away last year, We just found out she had a will, and her Sitter is name the executor. I recieved notice of hearing probate court. The sitter is the only name on the will to get everything. Can we the heirs contest the will. We did not find out she passed away til 1 month after she die. Do we the heirs have rights to this will or is this something we need to just leave along.
1 Answer from Attorneys
Re: Sitter is name the executor of will
Depends on the value of the estate. Sitters who take all raise serious suspicions in a lot of jurisdictions. The standard though to prove undue influence, or to challenge the competency of the person making the will is pretty high. That's why a serious amount of money needs to be at stake. While it's hard to make generalizations, especially without a more detailed analysis of the facts, I would suggest that if you can come up with $10,000 between all of the potential heirs for legal fees, and the estate is still worth going after, then you should get an attorney in the locale in which the will is probated and challenge it.
Sterling L. DeRamus
Attorney at Law
205-458-1100
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
