Legal Question in Wills and Trusts in Alabama
Wills
My father passed away about a month ago leaving my mother all of his possessions. My brother and I are mentioned in the will in the case that my mother dies we get everything equally in the estate. In the case that my mother does not have a sound mind, my brother is made executor over the estate. My mother has a sound mind and is capable of making decisions on her own. Well, he is wrongfully stating now that he is the executor and getting all the information and money and not letting me or anyone including my mother know about any of it.He is wrongfully spending my fathers money on himself and has access to everything. I do now know how. My mother fears him so he just handles everything and will not even let anyone see copies of the wills, checking accounts, stocks or anything for that matter. The will has not been filed in court yet. Is my mother the only one that can file this in court? Is there anyway to stop my brother from getting into the checking accounts and things of my deceased father. ? Do I as my deceased fathers real daughter have any legal rights to this? I am not after money. I want nothing of my fathers. I want my mother to have everything. I just want my mother to have some peace of mind and justice.
1 Answer from Attorneys
Re: Wills
If you are in Alabama and the estate is here in Alabama, (where I am licensed to give advice) you can hire an attorney who is adept in the probate area of practice, and tell her/him your story. What he/she will do is file a Petition for Letters of Administration, saying that the will cannot be located and name your mother as administrator. Your brother would then be at a crossroads- he could produce the will and try to establish his right as executor or he could challenge your petition. Either way he will be on the defensive. Your mother's rights are being violated and your inheritance is being squandered. You need to hire an attorney ASAP.
William G. Nolan
Nolan Elder Law
Birmingham
www.NolanElderLaw.com
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