How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40607
Experience:  Texas lawyer for 30 years in Estate law
8534270
Type Your Estate Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

I am executor of my uncle's will in Alabama. He died in 2007

Customer Question

I am executor of my uncle's will in Alabama. He died in 2007 and I filed for probation in Oct, 2007. His bothers and sisters contested the will. They contend he verbally said he would divide his assets equally among them. He lived with me for four years before passing because he had leukemia and needed much personal care. This case has been sitting in probate for 8 years now with nothing done because I think they are fighting over who is supposed to pay their attorney. I have settled his estate and wish to close it in probate. Is there a time limit on how long they can let it sit their with no action on their part?
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.

You could motion to dismiss the suit here.The court would likely grant it since they have done nothing.Eventually the court should do this on their own.But by filing a motion to dismiss you can speed this along and and the matter.The court would set your motion for hearing here and hopefully dismiss with prejudice.

I appreciate the chance to help you today.Please let me know if you have more follow up.

Thanks again.

Expert:  RayAnswers replied 1 year ago.

Sample motion to dismiss you will have to modify it for your needs..

http://www.northwestregisteredagent.com/pdf/Motion-to-Dismiss-Example.pdf

Thanks again.

Expert:  RayAnswers replied 1 year ago.

If you can leave a positive rating it is always much appreciated.Take care and good luck here.