Muscle Shoals, AL asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Alabama

Q: My dad had a power of attorney over me. My grandfather left the farm to me and my dad . My dad signed me off deed and

Sold for 500k. He passed away and probate is still open . I know there is a 10yr limitation , however if I was home and wasnt advise about sale someone said I could file motion in probate for half of the sale price. Because a POA suppose to benefit the principle and since I was home I should have been advised about sale . They said I couldn't go after all 500k but I could file motion for half that. Also there was 500K in Cds that I think my dad was trying to leave me half + interest to pay me . They were reinvested as well as the other cds in safe deposit box. And family lied about them being in the safe deposit box. My mom is the executor and she has dementia and my sister is a snake . So that's why estate is still open . Can I file a motion and what would be the the reason or terminology to use. This may be all I get since my sister had mom change will to her bennifer. Please advise

1 Lawyer Answer
Amanda B Cook
Amanda B Cook
  • Montgomery, AL
  • Licensed in Alabama

A: It does sound like you need to take court action and quickly, but this is not something that you can handle on your own. You really need to seek out an experienced probate and real estate attorney to help you with this matter. It will help the attorney if you first visit the probate court and obtain copies of everything that is in the estate file before you have a consultation.

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