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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37081
Experience:  Texas lawyer for 30 years in Estate law
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Father died with a will, but it was not probated. All assets

Customer Question

Father died with a will, but it was not probated. All assets went to mother. Now mother has rewritten her will to not acknowledge the division of a piece of property that my father and I bought together. It has been over 20 years since my father died and mother (with guidance from my sister) just rewrote the will. Can I have the will my father wrote probated
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

Alabama has a five year limitation to probate a will.

2009 Alabama Code
Title 43 — WILLS AND DECEDENTS' ESTATES.
Chapter 8 — PROBATE CODE.
Section 43-8-161 Time limit for probate.

Section 43-8-161

Time limit for probate.

Wills shall not be effective unless filed for probate within five years from the date of the death of the testator. If the testator was not an inhabitant of this state at the time of his or her death, the will may be admitted to probate in this state pursuant to section 43-8-175, provided the will was admitted to probate, within five years from the date of death, in the state, territory or country where the testator resided at the time of death; provided further, that the probate in the state of the will of an inhabitant of another state, territory or country shall not be effective against persons purchasing from the heirs of such testator if such purchase was made more than five years after the death of the testator and prior to February 24, 1959.

Here you can apply to open probate--the laws of intestacy govern.See if you are an heir here..

If you die with:here’s what happens:

  • children but no spouse, parents, or siblings
  • children inherit everything
  • spouse but no children, parents, or siblings
  • spouse inherits everything
  • a spouse and children who belong to you andthat spouse
  • spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance of your intestate property
  • children inherit remaining intestate property
  • a spouse and children who are not that spouse’s children
  • spouse inherits 1/2 of the intestate property
  • children inherit 1/2 of the intestate property
  • a spouse and parents
  • spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance of your intestate property
  • parents inherit remaining intestate property
  • parents but no children, spouse, or siblings
  • parents inherit everything
  • siblings but no children, spouse, or parents
  • siblings inherit everything
Expert:  RayAnswers replied 1 year ago.

It appears you still have an interest here and opening probate protects your claim to your intestate share since the will is too old to be probated.

I appreciate the chance to help you .Please if you have more questions about all of this be happy to follow up.Thanks again.

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