New York, NY asked in Probate for Alabama

Q: My mom passed away in August 2021. She was living in a home on my brothers property for the year prior to her death.

After she passed we sold her home. (She was residing in it prior to moving into the home on my brothers property.) The will states that the proceeds from the sell of the home and personal belongings will be split between the 4 children. There are no issues with splitting the proceeds from the sell of the home but my brother will not agree to let anyone take any of the personal belongings (that are on his property). We just want to divide them equally or at least each take a few things that are sentimental. He wants to keep it like a shrine to our mother.

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1 Lawyer Answer
Anthony M. Avery
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  • Probate Lawyer
  • Knoxville, TN

A: Whoever has the Will must file it for Probate so that it has effect. Otherwise it means nothing. The Executor will receive Letters Testamentary which gives him authority to marshal up Estate assets, or sue/prosecute for theft. That is his job and if he does not want to do it, then ask the Court to appoint someone else.

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