Florence, AL asked in Probate for Alabama

Q: My brother says the money and my father's accounts ways to pay off his student loans there was no willl is this legal

All my father's personal belongings are in my brothers possession

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1 Lawyer Answer
Sheila Crumley Field
Sheila Crumley Field
  • Probate Lawyer
  • Licensed in Alabama

A: Most banks have joint with right of survivorship terms. This means that if your brother was on your fathers account, at your fathers death, the money in the account belongs to your brother, and it would not be part of your fathers estate. However if there is no Will, Alabama laws of intestatacy dictate and as a child of your father, you own a portion of any land, personal property or money in the bank if your brother was not on the account. Talk to a lawyer immediately. Good luck!

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