Legal Question in Wills and Trusts in Alabama
Wills and property
My mother and stepfather purchased a home 1998. My mother died 2000. My stepfather died 2006. His sister is Executiveress of the property. His will is been probated. I have 5 siblings none belongs to my stepfather. What are the siblings rights to this property? My understanding from the Executress the property was left to one of my sisters. Some of the furniture in the house my mother had before marrying my stepfather and she told us the items belongs to us after his death. What are our legal rights to personal and real property now that my stepfather has died and his sister is Executress of his Will? If, the home was left to the other sister in his will can the other siblings get shares of the property? What steps need to be done while waiting on the Probate of Will? The sister of my stepfather states she wants reimburse for helping take care of him, is this possible?
Please give me some helpful advice in this matter.
2 Answers from Attorneys
Re: Wills and property
Many married couplss choose to own their homes jointly with the survivor taking sole ownership at some point in the future. Your mother died first, so, if they owned the home jointly, your step-father took title as a sole owner. His heirs would then inherit his real estate, or if he had a will, as you say he does, his choice of beneficiaries would take ownership of the property. If you are not in his will, I don't think you have a valid claim to the real estate.
As for your mother's personal effects- technically he probably inherited them too unless you can somehow show his next of kin that you have a claim to the furniture. Your mother's will would be a strong argument here, but she probably did not have one.
The will itself is public record so you can photocopy it if you like by going to the county probate court and asking them. It will cost about $1/page to make copies. If you are not in the will but feel strongly you should be, you can hire an attorney to contest the will. It will cost you a good bit of money to contest the will though. If you need a referral please give me a call.
William G. Nolan
Nolan Elder Law
www.NolanElderLaw.com
Re: Wills and property
Mr. Nolen has provided you will good sound advice and unless you have some letter or perhaps list in your Mother's handwriting regarding those personal property items, it will be an uphill battle to take the items away from your stepfather's estate, that is, if your step-sister executrix wishes to fight such battle.
Your best hope is to maintain or try and establish a good relationship with that step sister and implore her to do the "right thing" with respect to Mom's personal property items. this is why it is so very important for parents of a blended family to get their own testamentary wishes in writing while both are still alive.
as far as step sister's reimbursements, she will be required to timely file a claim against her father's estate, within 6 months of the issuance of her letters testamentary to authorize her administration of the estate and enforcement of father's Will, otherwise such claims like other creditors will generally be barred.
You should seek a local attorney who regularly practices before the probate court to assist and advise you, and the local probate court clerk should be happy to give you a couple of attorney names.
again, our condolences over your past loss and we are sorry to hear that you and your siblings are having to go through this situation. Tell everyone you know how important it is to have wills and other estate plan documents in place, PARTICULARLY in blended family situations. Best of luck and may you have a blessed week. chip
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