Asked in Estate Planning for Alabama

Q: Executor of a living will how long does he have to get it settled and can he stop siblings from getting information from

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1 Lawyer Answer
Thad A. Davis
Thad A. Davis
  • Estate Planning Lawyer
  • Vestavia Hills, AL
  • Licensed in Alabama

A: I'm sorry that you're having an issue. I'm not sure I understand the question that you're asking so I'm going to answer as I understand it. I think you're asking how long does an executor of a will have to settle an estate and can the executor stop the other beneficiaries from getting information?

The answer to your question of how long an executor has to settle an estate in Alabama is, unfortunately, "it depends." A variety of factors can make it difficult for an executor to settle an estate. Litigation, disputes between the heirs, problems with real estate, and other situations can complicate estate administrations. However, an executor does have a duty to settle an estate.

The answer to your question about getting information is that it's my position that an executor has to respond to reasonable information requests from beneficiaries. This is not settled law with respect to executors, but it is the law with respect to trustees who are similar to executors. Generally, I advise beneficiaries to try communicating with the executor's lawyer if there is one in writing several times. If that doesn't work, you should see an attorney. Naturally, you can see an attorney to represent you at any time.

I hope this answer helps, and I wish you all the best.

Thad A. Davis is an Alabama attorney. As such, his responses on this site are limited to his understanding of the facts as cited in the posted question and his understanding of the law in his state. No answer should be considered legal advice, nor does an answer create an attorney-client relationship. Anyone desiring specific legal advice should consult an attorney in the relevant state.

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