Legal Question in Wills and Trusts in Alabama

Wills, Probate, Divorce

My mother in law recently died. Right before death, she divorced her husband & changed her will, leaving him out. Divorce was not final when she died. Now he has gotten judge to set divorce aside & is trying to claim will was invalid. If succesful, does this mean she died in testate, or can her previous will (which included him) be valid? Thanks.


Asked on 3/14/08, 5:07 pm

1 Answer from Attorneys
William Nolan Nolan Elder Law LLC

Re: Wills, Probate, Divorce

Normally if the previous will can be located it will be considered her final will rather than having her die intestate. What grounds is he asserting to claim the will was invalid? Do you have an attorney yet? If not, I strongly urge you to protect your rights. Penny-wise and pound-foolish is no way to deal with litigation.

Good luck.

William G. Nolan

www.NolanElderLaw.com

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Answered on 3/14/08, 5:32 pm


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