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!

Related Topics:
1 Lawyer Answer
Jack T. Carney
Jack T. Carney
Answered
  • 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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.