Legal Question in Wills and Trusts in Alabama

Re: Will process

First ask your uncle how he came to the conclusion that you are executor. Is he aware of the will and its whereabouts? Does he know the attorney who prepared it? See if you can get your hands on the will.

Your mother, assuming she lived with your father at the time of his death, may be entitled to move those funds if she is a joint owner of the accounts. If she is not on the accounts, you might want to notify the bank of his death and let them know that as executor, you will be expecting them to reimburse the estate for any monies they release to anyone effective the date of his death. If you cannot find a will you can still serve as Administrator of the estate but you might be battling your mother for the role since she too is entitled to be appointed. In short there are lots of issues here. Why don't you find an attorney in the county where your father died and consult with him/her? One hour shouldn't cost that much.

Good luck,

William G. Nolan

www.NolanElderLaw.com