What to do if my sister was divorced for 14 years when she passed away without a Will?

UPDATED: Sep 19, 2013

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What to do if my sister was divorced for 14 years when she passed away without a Will?

The day after she was buried her ex-husband broke into her home along with his girl friend and stole every thing he could get. He then filed for common law husband in probate court. This was denied my sister and I were named as Administrators but appealed that decision and it was denied. He then appealed to the state Supreme Court and it was sent back. Can I stop these undue appeals. I need to get her estate settled but can not because of these appeals?

Asked on September 19, 2013 under Estate Planning, Alabama


Nathan Wagner / Law Office of Nathan Wagner

Answered 9 years ago | Contributor

As long as he is a party in the probate case, he is allowed to make his case, including by making appeals if necessary. You may have to just deal with each of his appeals until he is out of the case or the case is done. On the other hand, if his appeals are frivolous and have no basis at all, you should be able to ask the court to make him pay your attorney's fees for having to respond to his appeals.

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 9 years ago | Contributor

Hello. I am sorry for the loss of your sister. Please do confer with an attorney licensed in yur state. That attorney can review the existing legal documents and then be able to provide you with sound legal guidance. Generally: Some attorneys are available seven days for emergency legal needs. Many attorneys will speak initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in a limited scope manner to conserve legal costs. All the best.



Tricia Dwyer, Esq & Associates PLLC

Phone: 612-296-9666

365 Days of the Year until 8 p.m. daily






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