Legal Question in Wills and Trusts in Alabama

Changes to a WILL

My grandmother died 18yrs ago and my grandfather (age 90) remarried 16yrs ago. The lady has changed his will in 1991 and he has signed it not realizing what all it said. He found the will last week (she does not know he found it) and she has taken all the children out of the will and is the only one to receive the land and home. My grandfather now wants to divorce her and/or change the will. We are trying to make sure she has not changed the deed. How easy will it be to change the will? What do we need to ask the attorney?? What do we need to be careful of?? It is a small town, can we do this in another area so that we do not tell her and do we have to tell her????


Asked on 9/18/02, 9:08 am

2 Answers from Attorneys
Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: Changes to a WILL

There are several problems here, and a good attorney will be needed to solve them. Under Alabama Law, you cannot write your wife out of your will entirely. She will be entitled to take an elective share (50% if I recall correctly). This is true even if a divorce is pending. Your grandfather, being elderly, does not have much time to waste as his wife could try to drag out the proceedings to retain her elective share. Is there that much money at stake for her such that she would pay an attorney just to delay and fight the divorce as long as possible? If you are in the greater Birmingham Area, give me a call at 458-1100 and I would be happy to discuss this matter with you further.

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Answered on 9/18/02, 11:20 am
Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: Changes to a WILL

He can take steps. He can re do his will, and he can get a divorce. You can go to an attorney anywhere in Ala to help you. You can e-mail me at [email protected] or call 1-800-297-1703 if you are near the Mobile area.

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Answered on 9/18/02, 5:58 pm


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