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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22628
Experience:  14 yrs estate law, real estate. Wills/Trusts/Probate
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Live in Alabama, mother left my older sister as executor of

Resolved Question:

Live in Alabama, mother left my older sister as executor of will. Only property left was a 2004 manufactired home valued at $42,500. My sister did not probate the will. She has already sold the home and kept my share of the sale. Should she have probated the will? Was it legal for her to sell without going through probate? I have asked her for a copy of the will and she refuses
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA. My goal is to provide you with excellent service and help with your legal problem.
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Should she have probated the will? Was it legal for her to sell without going through probate?
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Yes, she should have filed a formal probate case to settle the estate. Since the assets of the estate were worth over $25,000 she would have to have filed a formal probate case to be named executor so she could legally sell the assets.
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If she didn't open a probate case and wasn't formally appointed executor, then she legally wouldn't have any authority to sell any of the estate assets. Since a mobile home has a title, she couldn't legally sign off on the title to transfer it to a buyer. How she did this, I can't say.
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With that said, you could file a petition to open a probate case in the county Probate court where mother passed and ask to be named Administrator of the estate. Once appointed, you can notify the judge that sister has the will and the judge can order her to produce it. If she has acted illegally in disposing of estate assets, the judge can refuse to allow her to act as executor and keep you on as Administrator/Executor. If she has sold assets and kept the money, she can actually be charged with criminal theft if she doesn't return the proceeds to the estate.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22628
Experience: 14 yrs estate law, real estate. Wills/Trusts/Probate
Barrister and 2 other Estate Law Specialists are ready to help you

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