petitioning probate for hearing

[Wmgal1]

What is the name of your state? Alabama
I will try to make a long story short
My mother-in-law passed away Feb 2001 with no will.
She died before the will was signed. My husband was primary beneficary on her insurance his brother was contingent. That matter was resolved in a settlement agreement which stated that he agreed to meet with my husband to disburse of her personal property. He went behind our backs and became executor of her estate which consist of nothing but her personal belongings. This was done through the probate court. Her belongings was being stored in a storage building. We received a call from the manager of the storage that it was going up for public auction. We arranged to meet with the manager to view contents and immediately discovered anything of value was gone.
We were allowed to inventory contents and compared to the inventory that he presented to probate. We filed our inventory with the probate and asked what we needed to do they said that we had to petition the probate judge for a hearing to find out where all her belongings went, but they would not tell us how to do it. They said that we could do this without an attorney. How do I write the petition out to do this? Do you have any advice you can offer me?

 

[Dandy Don]

This is a matter that could easily be resolved by speaking in person with a local probate attorney in your area. First consultation is usually free or very inexpensive, and you could find out in 1 visit exactly what you need to do. Probably not too many Alabama attorneys visit this website if they are too busy working.

What is the estimated value of the personal property you want to recover? Would it be worth your time and trouble to fight this executor about these items?

Find out by looking at the probate file (or asking the probate court clerk) whether or not in your county if an executor's bond is required to be purchased when dealing with estates, or if one was purchased with this particular probate case. If the answer is yes, then you might be able to recover the value of the items from the bonding insurance company if you can prove by law that the executor received them improperly.

Also take the settlement agreement with you when you visit the probate attorney. It is possible that the executor/administrator's rights to the property may supersede anything that was agreed upon before he became administrator.

DANDY DON

 

[Wmgal1]

First off thank you so much for your advice
In answer to some of your questions:

The property has more sentimental value than anything there is some antique things and some things she wanted my children to have. Old photo albums, christmas ornaments that she has had for a very long time. The whole time she was sick he did not help her in any way no phone calls, no visits to the hospital or anything. He just got upset about the money and thought he could make something happen with the insurance money by him doing that but life insurance with a beneficary has nothing to do with the estate.
The probate clerk said that we had to petition the judge for a hearing but I am not to sure what to write or how to write it.
Yes there was a bond of $8000.00. The settlement agreement was signed after he became administrator.