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Probate Law in Alabama

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  • Probate Law in Alabama

    I have a few questions concerning my fathers estate in alabama.
    Details: My father and his wife(I'll call her Sue) both passsed one day apart with his wife passing first. He left everything to me (his biological daughter) and his wife's grandson(I'll call him Ben). I was the the original rep for the estate but I turned it over to Ben because it was a strain on me to handle it from such a distance and my then lawyer advised me to.
    In my fathers will it states If any beneficiary under this will in any manner, directly or indirectly, contests or challenges this will, or any of it's provisions, any share or interest in my estate given to that contesting beneficiary under this will is revoked and shall be disposed of in the same manner as if that contesting beneficiary had predeceased me without issue.
    Ben is asking the court to bar me from receiving any portion of the estate claiming mispent funds among othe things. All are allegations and are not true. Does Ben's request subject him to losing his inheritance according to the will?
    Ben's mother opened an estate for her mother (Sue)(against legal advice) and charged it to my father's estate is this okay?
    Ben wants to close my father's estate while Sue's(the Wife) estate remains open. What reason could there be for keeping Sue's estate open longer than my father's(the husband)If anything going into Sue's automatically passes to my father's estate? Or, if my father's estate is settled and closed then anything coming into his wife's estate would be lost to me?
    Thanks in advance.

  • #2
    Re: Probate Law in Alabama

    It is not contesting the will to allege fraud or mispent funds. But if there are no grounds he could be punished by the court. There can be reasons for the delay in each of the estate closings so ask him to explain in writing.


    • #3
      Re: Probate Law in Alabama

      Ben is not the one who opened Sue's estate. Ben's mother opened Sue's estate and is also the executor.
      So what happens to any funds that might come into Sue's estate if my father's estate is settled and closed first?


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