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Alex Esquire
Alex Esquire, Attorney
Category: Estate Law
Satisfied Customers: 16577
Experience:  Handled many probate matters
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Suzann passed away on Friday. A month ago, she worked with

Customer Question

Suzann passed away on Friday. A month ago, she worked with an estate lawyer and the lawyer has the trust in his computer, and she agreed, on the phone with him, with everything and asked him to draw it all up. She passed away three days ago, but we are not sure that Suzann actually signed the paper. Family is all aware of her plans, but are not sure if this will is now legal since we are not sure the actually signed the will papers. Is it legal?
Suzann married four years ago. If she did not sign the actual paper, does the husband have the legal right to all of her possessions?
The state is Alabama..
Submitted: 11 months ago.
Category: Estate Law
Expert:  Alex Esquire replied 11 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

I am very sorry about your loss and this unfortunate situation and your recent loss.
Unfortunately, unless the Trust Agreement is properly executed, it would not be legally valid and unfortunately any verbal promises would not be legally valid when it comes to inheritance or distribution of an estate.

If the person dies without a Will in Alabama, than any assets that were titled in the deceased person's name only would be divided according to the intestate succession (law) which you can find at the link below:

http://www.nolo.com/legal-encyclopedia/intestate-succession-alabama.html

I wish you the best of luck!

Expert:  Alex Esquire replied 11 months ago.
Customer: replied 11 months ago.
There was a will executed before Suzann was married and if she did not sign the newer will,even if she married recently, would the old will be valid still?
Expert:  Alex Esquire replied 11 months ago.

Thank you for your follow up.

Generally, if the Will was executed prior to marriage of the deceased person, the Will would still be valid, however, the surviving spouse is entitled as to what is called an elective share of the estate.

The elective share is the lesser of: (a) the value of the decedent’s estate minus the value of the spouse’s estate; or (b) one-third of the decedent’s estate.

I wish you the best of luck!

Expert:  Alex Esquire replied 11 months ago.

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