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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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My father died intestate but was receiving a money judgment

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My father died intestate but was receiving a money judgment from different suits filed on his behalf...the attorney's will not release the awards to me unless I fill letters of administration w/ the clerk's office in Alabama. The problem is that they say I cannot administer his estate b/c I am no longer an Alabama resident, is there anything else I can do given the fact that I am a rightful heir since he did not have a spouse or other children? Also, is there a statute of limitations/prescription regarding this matter? If the suit where judgment had already been obtained, or if it was for wrongful death or survivor's action, I guess I would naturally be able to substitute for my father, but given that the awards come from a class action out of court settlement, I am in a difficult situation. Can you answer my questions and provide some guidance?
Submitted: 5 years ago.
Category: Family Law
Expert:  legaleagle replied 5 years ago.

Thank you for contacting with your question. I will provide legal information related to your question.


You will have to hire an attorney in AL to file the probate for you. Usually you have 2 years to file probate but there are some exceptions to allow you to wait longer.

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