Sylacauga, AL asked in Estate Planning and Probate for Alabama

Q: My Aunt passed away 3 days before signing her will to leave everything to me her niece. Next of kin is her brother.

When we went to court my dad, next of kin said under oath he knew my Aunt was leaving everything to me, the niece. Then he went and hired an attorney to fight the estate and take it all since he is next of kin. Is there any case file examples showing where this is can be over turned since he admitted under oath that she told him he knew she was leaving everything to her neice? Need some help!

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1 Lawyer Answer
Jack T. Carney
Jack T. Carney
  • Estate Planning Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: I am not quite sure I understand the exact specifics of your situation, but if you have a valid Last Will and Testament that names you as the beneficiary of an estate, then it really does not matter what any one says about it, you would be the beneficiary. However, the Will must be "proved" to be the valid Last Will and Testament of the deceased and that proving process is what we call "probate." It sounds like you really need to speak to an attorney to see if you need to take any additional action to protect your rights under the Will. You can find an attorney in your area by calling your local bar association, asking friends and family for a recommendation, etc. Good luck.

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