Q: Are libel claims to remove an Estate Personal Representative in Alabama considered fraudulent?

A: Libel is easy to commit but hard to prove, especially to prove damages. I would argue, if I were the other side's lawyer, that you won the battle, shot down their objections to your administration, and got a court order in your favor. Thus, I'd argue that your victory vindicated you so well that your reputation is intact and that you should NOT be able to collect damages from your overreaching but now regretful accusers. You know the situation better than I, but I would suggest you to stick with your mission: settle the estate and move on. The second tangle might be more bitter than the first.

A: Libel claims made with the intent to remove you as the Personal Representative can be considered fraudulent if they are made knowingly with false information. In your case, since you successfully disproved the claims using clear evidence, this suggests the accusations were unfounded. While the court ruled in your favor, this does not automatically mean the claims were fraudulent, but it does indicate that they lacked merit.

In Alabama, a fraudulent claim typically involves deceit or misrepresentation with the intention to harm or deceive. If the petitioner knowingly filed false accusations to gain control of the estate, that could be seen as a form of fraud. The court's decision to deny the petition is a strong indication that the claims lacked credibility.

It may be worth considering whether any further legal action is needed to address potential misconduct. If the petitioner’s actions were malicious or deceptive, you might explore options for seeking damages or filing a counterclaim for defamation, depending on the circumstances.