Legal Question in Wills and Trusts in Alabama

wherabouts of spouse unknown for distribution of assets

My husband's father passed away. He was married but they have been seperated now for several months. We are unsure where she is now. Are there any legal issues my husband and his brother will run into? We have a copy of the will (is this is the up to date will) and she is not listed. There is land involved and a few assets (checking acct, savings acct, vehicles). My husband is listed as power of attorney in the will.


Asked on 9/15/08, 12:49 pm

1 Answer from Attorneys
William Nolan Nolan Elder Law LLC

Re: wherabouts of spouse unknown for distribution of assets

First, please note that a Power of Attorney terminates with the death of the Principal. If Your husband has a POA for the dead person, it is no longer valid.

Second, spouses have a spousal share that are guaranteed under Alabama law. It is essentially the first $50,000 and a percentage over that as well. In order to probate the will, your husband, if he is executor, would have to serve her or publish notice to her of the filing of the will in probate court. He needs to contact a local lawyer so he doesn't make any mistakes. If you know any lawyers in the county where the decedent lived, ask around for one who works in Probate Court.

William G. Nolan

Nolan Elder Law

Birmingham, AL

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Answered on 9/15/08, 4:02 pm


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