Atlanta, GA asked in Probate for Alabama

Q: Dose properly in a father's name go to his children?

He left a will giving everything to a care taker

The property is in his name only

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

A: If assets are in an individual’s sole name and that individual leaves a valid Last Will and Testament, then the assets pass pursuant to that Last Will and Testament. The key here is “valid.” The Will must be offered for probate and proved to be the Last Will. The children (as the heirs at law) would have the right to challenge the validity of the Will if there is any basis to make that claim.

In general some reasons to challenge a Will include: (1) the decedent didn’t have the mental capacity to sign a Will, (2) the Will was obtained through fraud or deceit or (3) a third party “unduly influenced” the decedent to sign a Will that does not truly reflect their wishes.

This response is general information only. I do not have enough information to provide a specific answer to your situation. Further, this response is not intended to form an attorney client relationship. If you have questions about your legal rights, please consult with an attorney.

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