Columbus, GA asked in Probate for Alabama

Q: When my mom an dad died he had 3 wills all hand written none by a attorney none noterized one in 2017 one in 2019 an one

in 2020 which one of the wills is supposed to be filled there are three siblings an there is a disagreement on which will should be filled

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

A: I am sorry about your family's loss. I am happy to hear that your father at least attempted to write a Will. Most people do not make that effort and it can lead to problems after death.

In order to be a valid Will in Alabama the document must be signed, dated and witnessed by two individuals. It is ok that it is handwritten, so long as it also contains the signatures of the witnesses. The good news is that the probate process is meant to help determine what document constitutes the decedent's Last Will and Testament. You may actually be able to file all three documents and ask a probate judge to decide which (if any) will be the Will for purposes of the estate administration. If your father did not have a valid Will, he will be treated as dying "intestate" and his assets will pass according to those rules.

Good luck.

This answer is meant to provide general information and should not be considered legal advice for your particular situation. Further, this communication does not create an attorney client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.