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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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regarding my ex-husbands property....

Customer Question

I have a question regarding my ex-husband's property....He passed away eight years ago and the property in probate still not sold according to my attorney in Alabama.We have two kids( from my ex- husband)And I dissent the will since we have two kids and told me i could keep the one house in Specific street location in Alabama ,that was his promise before he died....Now i have been paying taxes every year to that property including attorneys fees.And Paper processing...I 've spent chunks of money already to that property and not sold yet,(according to my Attorney in Alabama.)How long do you know would this probate matters expired....And what can i do best to this situation?Please answer.... thanks -anonymous-
Submitted: 5 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 5 years ago.
Thank you for allowing us to assist you with this problem.

Oral statements about the transfer of property prior to his death, that are not mentioned in the Will can not be enforced in court. The court is limited only to what is written in the Will. The probate matters do not expire until the estate is closed.
The Alabama estate must remain open for a period of 6 months to allow creditors to submit claims. This makes it impossible to close an estate in less than 6 months. And given that it takes a little time to get the estate open and file the documents to close the estate, an 8 to 10 month timeframe is a reasonable ballpark for simple estates.

Your situation has extended far beyond a normal time period to close the estate. Since you are represented by an attorney you have several options. You can have the attorney either petition the probate judge to force the other attorney to liquidate the property and distribute the proceeds to the children or to just transfer the property to the children. If your attorney is not willing to take those steps then you need to contact the probate court judge directly or through a new attorney to ask for his intervention in forcing the current probate attorney to proceed or be replaced.