Legal Question in Wills and Trusts in Alabama
No Will but has Administrater
What do my sisters and I need to do about a probate hearing of our brothers estate, who had no will but has a cousin who is administrater? It is this month and the deceased will be gone for a year this month. Will the State get all and the administrater, or will it be divided up? And do the ones out of State need to be present? Thank you!
1 Answer from Attorneys
Re: No Will but has Administrater
Assuming that there is no spouse and no children, then your parents are next in line, and if they are gone, then brothers and sisters. The Cousin would get nothing, but if he was an administrator he would be entitled to a fee. If there are significant assets it may be worth fighting for. The administrator should have filed a bond to protect any assets. To protect yourself, you should demand an accounting - assuming there are any assets to protect. Life insurance does not pass through the estate - that goes directly to the named beneficiary. And yes you should show up, that is if you want any of the money from the estate.
You should have been notified of any hearings and also your release should be obtained in order to get the administrator released from the case.
If the estate is here in Birmingham, please call me, and I'd be happy to help.
Sterling L. DeRamus
205-458-1100
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