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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 100047
Experience:  Fully licensed attorney in Texas in private practice.
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My brother passed in may of this year he had gave me power

Customer Question

My brother passed in may of this year he had gave me power of attroney which did when he died he had made me his beneficiary. And also made me personal representative of his estate it has gone thru probate court and his will. I recieved 1600 dollars from the nursing home i had him in after opening an estate account can i withdraw any of the money and pay the rest of his funeral expense. And he have a title loan on his truck i been paying on can i take some of the money and pay his truck off or do nothing with the money has 7 children's.
Submitted: 1 month ago.
Category: Estate Law
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about your loss. Can you lease tell me:

1) Did you actually file for probate for your brother?

2) Who gets the truck in the Will?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 month ago.
i did file and he said in will share and share alike equal didn't specify. Who get what courts left it to me to devide. Now the oldest son has the truck wthers has agreed for him to have it
Customer: replied 1 month ago.
I hope this is a one time fee and i want be charged anymore right and if there no satisfied answer i want be charged right
Expert:  Ely replied 1 month ago.
Thank you. This is most unusual. Normally, if there IS NO WILL, then the Court will divide the estate based on family. See here:
www.nolo.com/legal-encyclopedia/intestate-succession-alabama.html
Scroll down to "Who Gets What."
The whole point of the Will is to OVERRIDE these default division rules, and to leave the estate to whomever/whoever he wanted.
So if his will literally stated "share and share alike," this is very unusual as it does not do what the Will is supposed to do in the first place which is say WHO the estate goes to. If so, LIKELY the Court will go based on the default succession rule in the link.
can i withdraw any of the money and pay the rest of his funeral expense.
Normally, yes. However, the heirs have to sign off on this. If they refuse, you'd have to seek permission from the Court, first.
And he have a title loan on his truck i been paying on can i take some of the money and pay his truck off or do nothing with the money has 7 children's.
I am sorry, but the money you paid towards the truck would be seen as a gift. It is unlikely that you will be able to get any of that money back or lay claim for the truck.
I can let customer service know to make sure that you are not on any subscription.
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