Best Probate Attorneys in Huntsville, AL

A power of attorney is a legal document that gives someone else the authority to make decisions on your behalf such as writing checks, selling property, opening accounts, managing affairs, etc. A living will outlines your wishes for end-of-life care in the event you are terminally ill or permanently unconscious (comatose).

An executor can be removed for various reasons as provided in Ala. Code 43-2-290 which provides for removal of a Personal Representative as follows: Imbecility of mind; intemperance; continued sickness, rendering him incapable of the discharge of his duties; or when from his conduct or character there is reason to believe that he is not a suitable person to have the charge and control of the estate. Failure to make and return inventories or accounts of sale; failure to make settlements as required by law; or the failure to do any act as such executor or administrator, when lawfully required by the judge of probate. The wasting, embezzlement or any other maladministration of the estate. The using of any of the funds of the estate for his own benefit. A sentence of imprisonment in the penitentiary, county jail or for hard labor for the county for a term of 12 months or more.

Yes, a will can be contested in Alabama if there is evidence of fraud, undue influence, lack of capacity, or if the will does not meet statutory formalities.

Often, the process involves obtaining an appraisal and accounting. The probate judge (or circuit judge if the case has been removed to circuit court) can rule on issues of interpreting a Will. The parties can negotiate privately, enter formal mediation, or litigate in court.

Partitioning of property is a legal process that allows property to be subdivided without selling it. It typically only is successful when a large tract of property can be easily divided.