Birmingham, AL asked in Estate Planning and Probate for Alabama

Q: Alabama...My dad passed away recently.

I could not get the information on the above line. His wife could do as she pleased with her half. She hates me so I am concerned. With dad on his morphine deathbed, she had the executor changed and I was told she could do that because once dad died it went to her. Do we have to wait until she dies to get my half of dad's half? I am afraid she will give everything to her beloved grandson. Thank you and blessings to you.

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: I hate to tell you this, but based upon the facts as you have related them, it is entirely possible that you will inherit nothing if your dad left everything to his wife in his will, because now his widow can do anything she wants with your dad's estate. If he left anything to you in his will, then the will needs to be probated for you to get our share. If a probate has not been started, you can hire an attorney to start one and you can even petition to have yourself appointed as the executor, and the court can order whoever has possession of the will to turn it over to the court.

If what you are trying to say is your dad's wife had him change his plan of disposition in his will while he was morphine-addled, then look for a will contest attorney to help you try to get the will voided on the grounds that your dad did not have legal capacity when he signed it.

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