My grandfather passed away in May 2012. He lived in Montgomery, Alabama. He left a will dividing his estate 50/50 between my sister and me. My sister is the executor of his estate. His estate consists of 240,000 cash and a home worth about 80,000. She has already removed most of the personal property from the house, and I have received nothing. She has produced a hand-written note dated September of 2003 (the will is dated 2002) that appears to be written by my grandfather, allowing her a 10% executor's fee off the top. She is obtaining an appraisal of the house and the personal property that is already gone, and charging me 10% off the top before she divides the remainder 50/50. Do I have to agree to this executor's fee since my grandfather appears to have left instructions for it? If she pursues it in court, would she have a case?
State/Country relating to question: Alabama
I have tried talking to her but it isn't working. I am alarmed because she has removed me as a signer on his checking accounts and taken everything of value from the house.
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If this "letter" is not in the will, it is not going to be binding on the estate. In Alabama, you would be entitled to 5% of the estate, plus reimbursement for any expenses you incur in administering the estate. So if she pursued this in court, she almost certainly would not have a case unless this was part of the actual will. Otherwise, it's going to be a document that is outside of the will, and therefore unenforceable.
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