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Dad passed away in Alabama

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ceharris804

Junior Member
What can I do to legally claim my deceased father's assets in Troy, Alabama

On January 22, 2016 my father suffered an unexpected heart attack. My father passed away on January 27, 2016 on Dothan Alabama. I live in Virginia and made it to Alabama before he actually passed away. The next morning after his passing I asked the woman he was dealing with for the insurance information so that his funeral could be arranged. She told me that we shouldn't show the policy to the funeral director because they would see how much the policy is worth and Jack the rates up. We then go to the hospital to get hospital records at which time I learned she was claiming to be my father's common-law wife. She signed all the paper work as his wife and I felt like there's nothing I could do because alabama reconized common-law marriages. She even recieved the military flag at the service which was held on February 1, 2016. I return back to my home and I recieved the death packet from the office of personal management for the government as my father retired from the IRS. On this paper work my father's ex- wife is listed with myself to recieve the lump sum of his retirement remaining and myself and my brother are listed as beneficiaries of his life insurance. After finding this out I contacted the court and learned my father's divorce was finalized on December 8, 2015 and therefore common-law marriage wouldn't be reconized because alabama has a 60 day law regarding marriage divorce and remarriage. Since she claimed to be his wife her name is on the death certificate as his wife. She's living in his home and I believe she used the false death certificate to attain his money from the bank among other things. My brother and I don't know where to start but we can't watch my father's hard work stolen away from us
 


Zigner

Senior Member, Non-Attorney
What can I do to legally claim my deceased father's assets in Troy, Alabama

On January 22, 2016 my father suffered an unexpected heart attack. My father passed away on January 27, 2016 on Dothan Alabama. I live in Virginia and made it to Alabama before he actually passed away. The next morning after his passing I asked the woman he was dealing with for the insurance information so that his funeral could be arranged. She told me that we shouldn't show the policy to the funeral director because they would see how much the policy is worth and Jack the rates up. We then go to the hospital to get hospital records at which time I learned she was claiming to be my father's common-law wife. She signed all the paper work as his wife and I felt like there's nothing I could do because alabama reconized common-law marriages. She even recieved the military flag at the service which was held on February 1, 2016. I return back to my home and I recieved the death packet from the office of personal management for the government as my father retired from the IRS. On this paper work my father's ex- wife is listed with myself to recieve the lump sum of his retirement remaining and myself and my brother are listed as beneficiaries of his life insurance. After finding this out I contacted the court and learned my father's divorce was finalized on December 8, 2015 and therefore common-law marriage wouldn't be reconized because alabama has a 60 day law regarding marriage divorce and remarriage. Since she claimed to be his wife her name is on the death certificate as his wife. She's living in his home and I believe she used the false death certificate to attain his money from the bank among other things. My brother and I don't know where to start but we can't watch my father's hard work stolen away from us
I would suggest that you contact a probate attorney in Alabama for assistance.

Best of luck to you and my condolences for your loss.
 

ceharris804

Junior Member
Thank you very much would the attorney have to be based out of Troy, Alabama where my father resided or just an attorney from Alabama period. Troy is a small town and I don't know if we can trust anybody there
 

Zigner

Senior Member, Non-Attorney
Thank you very much would the attorney have to be based out of Troy, Alabama where my father resided or just an attorney from Alabama period. Troy is a small town and I don't know if we can trust anybody there
I would contact an attorney that is in the same county...
 

TheGeekess

Keeper of the Kraken
Thank you very much would the attorney have to be based out of Troy, Alabama where my father resided or just an attorney from Alabama period. Troy is a small town and I don't know if we can trust anybody there
Yes, you will need an attorney from Pike County, since that is where Dad lived. You might find an attorney in Montgomery who is familiar with the probate court in Pike County. The life insurance benefits will not be probated, as they will pass outside of that process. (And for Alabama, Troy is not that small, though it's not Birmingham, Huntsville or Mobile). :cool:
 

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