Legal Question in Wills and Trusts in Alabama

Re: last will and test

Here is what the Alabama Code has to say about that:

"Section 43-8-161

Time limit for probate.

Wills shall not be effective unless filed for probate within five years from the date of the death of the testator."

If the 8 years means since the death of the person, I am afraid you might be out of luck.

If you simply mean that the bankruptcy was 8 year's back, not the death, this is what the law says:

"Section 43-2-22

Disqualification of certain persons to serve as executor or administrator.

(a) No person must be deemed a fit person to serve as executor who is under the age of 19 years, or who has been convicted of an infamous crime, or who, from intemperance, improvidence or want of understanding, is incompetent to discharge the duties of the trust."

So no, it would not be a bar to service.

William G. Nolan

www.NolanElderLaw.com