wills and probate

[Pinkblnde]

Alabama, my mother died in alabama, my older brother is the executor of the will, i believe he is not letting me have what is mine. Am i entitled to a copy of the will and how do i get it if he wont give me it? May i get a list of her estate?

 

[advisor10]

2-2-2002

DEAR PINKBLONDE

Yes, you do have the right to ask for a copy of the will.

Normally, the will is supposed to be filed within 30 days after the person's death. First, check at the county courthouse to see if the will has been filed there yet. If it has, you can get a copy there without having to bother your brother about it.

It is too soon to ask for an accounting of the estate assets. That document will be filed when it is time for the estate to close, and you can view it then, since it will be public record, but don't let your brother know that you know this.

 

[Pinkblnde]

wolls and probate

I live in different state as my momther did, how will i find out when the estate closes? Is that also at the county courthouse and is it the county she lived in or the county where she passed away?Is it true thta even though he is the executor there must still be a probate lawyer handling everything and how do i find out who he is? My brother does not live within the United States and may have given up his citizenship so may not feel compelled to stay within American laws.

 

[advisor10]

2-4-2002

If you know the city/state where your mother died, then you would need to contact the county courthouse for that city. (If you need me to locate it for you, please mention the city/state in your response to this message.)

It is NOT true that there MUST be a probate lawyer handling everything. Your brother could do it himself if he is the executor, but it is better and advisable to have a probate attorney do it because they are the most knowledgeable about the procedure.

When you contact the county courthouse to see if the will has been filed, you can ask the clerk to tell you the name and address of the executor and any probate attorneys associated with it, or order a photocopy of that page and the will.

It doesn't matter about his status as a foreigner, he will HAVE TO follow American law if he wants to get anything from this estate.

 

[Pinkblnde]

Thank you very much. i dont want to seem mean about my mothers death and by no means do I want to contest the will, i just know my brother. I know she died in Dothan Alabama. i'm goint to give it till next week, then i will try and contact the county court. That may be enough time for death certificate and will to have been filed. Thanks again.

 

[advisor10]

2-8-2002

DEAR PINK:

There will be 2 places you need to check (Dothan is considered to be in 2 counties: Houston County and Henry County).

HOUSTON COUNTY COURTHOUSE
P. O. DRAWER 6406
DOTHAN, AL 36302 Phone 334-677-4741

HENRY COUNTY COURTHOUSE
101 COURT SQ, SUITE B
ABBEVILLE, AL 36310 Phone 334-585-5714

You will need to ask for the probate records or probate court department.

SINCERELY,

advisor