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Asbestos case attrnys won't abide by Alabama probate laws Alabama Alabama

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    Senior Member

  • Betty3
    If you want to do any contesting of any payments here, you most likely will need an attorney. You can get a referral from the state's bar assoc. An attorney many times will give a free (or very small fee) initial consultation to give you an idea if you have a case & how to handle.

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  • dogpet
    Junior Member

  • Asbestos case attrnys won't abide by Alabama probate laws Alabama Alabama

    Problem with father's "asbestos case" law firm in Texas! Companies sued in father's asbestos case are continuing to dribble out payouts now. My father died 1997; left Will (probated) and all estate went to Mother in Alabama. Mother died in 2002; no Will ever probated. Alabama probate law states if no will probated after 5 yrs of death - person considered "died intestate" & property will be divided among all legal heirs...One heir & also myself sent a "copy" of 2 "different Wills" (I had earlier Will of mother's & another heir had more recent - but still several yrs old), as per requested, by Texas attrnys (then represented for my Mother until her death). Attrnys decided to go with brother's "copy" of mother's Will "because it was a later dated" one. NO Will was ever probated in alabama. Some companies sued by attnys are now making payments to "victims & heirs" of victims. I spoke with the attorney at the law office in Texas & he said they are "going by" most recent "dated" Will of my Mother (which I know was a "sham" anyway) that says a brother is "executor" and all property also goes to him. I told attorney that NO Will was ever probated; and, stated what Alabama probate law states re: no will probated within 5 yrs, deceased considered "died intestate", etc. I believe the law firm had already made out the "claim check" from the company sued, in the name of one heir who claims to be executor & sole heir of mother's estate! I believe they have screwed up & are giving me the "lame" answer, that "since no one ever protested this "copy" of mother's Will; that they believe they have done the correct payment to "one" heir...eventhough NO will ever probated in Alabama. (no will probated because only "personal property" was involved - no one protested a "non-probated" Will! I believe the law firm should "abide by Alabama probate laws"....and all pay out monies from my father's asbestos law suit should be divided among 4 legal heirs of my mother! Can this law firm get away with this? Who can I turn to without hiring another attorney (pay outs are small, but enough to be concerned about getting my legal share)? Could I go to Alabama Probate Court/Judge, or Texas Bar or ? Thnks for any time you can give to help!
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