will excused inventory

[seeker2]

What is the name of your state (only U.S. law)?

alabama

My last living parent passed away leaving a will that specifically said no inventory was required but the attorney that is handling probate ask for one, why?

 

[BlondiePB]

What is the name of your state (only U.S. law)?

alabama

My last living parent passed away leaving a will that specifically said no inventory was required but the attorney that is handling probate ask for one, why?

Probate statutes/codes require that an inventory be filed. That is the law regardless of what is stated in a will.

 

[anteater]

Probate statutes/codes require that an inventory be filed. That is the law regardless of what is stated in a will.

Usually true, but Bama law does provide for it:

Section 43-2-311
Testator may exempt executor from filing inventory or making report or final settlement.
Any testator may, by express provision in his will to that effect, exempt an executor from filing an inventory or making any report or final settlement, and when such provision is made, such inventory, report or final settlement shall not be required except in the following cases:

(1) When any executor, heir, legatee or other person interested in the estate makes affidavit showing his interest, and alleging that such interest is or will be endangered for want of security.

(2) When, in the opinion of the judge of the court having jurisdiction of the estate, the estate is likely to be wasted, to the prejudice of any person interested therein.

....but the attorney that is handling probate ask for one, why?

Have you asked the attorney?

 

[BlondiePB]

Usually true, but Bama law does provide for it:




Have you asked the attorney?

Thanks for looking that up ant. Okay, the operative word here is may. There sure are peculiar codes/statutes in some southern states.

 

[anteater]

Thanks for looking that up ant. Okay, the operative word here is may. There sure are peculiar codes/statutes in some southern states.

It helps in getting the shotguns and hunting dogs distributed to the heirs quicker.

 

[seeker2]

Thanks for the response-both of you.
Anteater, I really appreciate your citing the code and the joke about the hunting dogs.
Let me explain- this isn't my first rodeo with attorneys. I've learned to have some information on the topic before you ask. In my searching I have found that sometimes an inventory can come back to haunt you. And to answer your question---I have called more than once -spoke to the leagal secretary--and requested a meeting to discuss this issue and several other questions, which I don't want to post to the public.

Now I'm not sure what the meaning of "the estate is likely to be wasted" is in the code, but the attorney hasn't notified me of any problems or anyone contesting the will.

 

[anteater]

Who is the executor? The attorney?

I would think that it is the executor's (or another interested party's) call if the will specifically exempts the executor from filing an inventory.

 

[seeker2]

I'm the executor. I am wondering if this is a billable hours issue or if maybe this attorney is not as experienced in probate law as presented.