Executor dies before will is probated
This is a discussion on Executor dies before will is probated within the Wills, Trusts, Estates forum, part of the Other Family Law Matters category; ALABAMA - Life Partner 1 (LP1) and Life Partner 2 (LP2) go to an attorney and each have a will ...
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|May 16th, 2012, 09:49 PM||#1|
Join Date: May 2012
Executor dies before will is probated
ALABAMA - Life Partner 1 (LP1) and Life Partner 2 (LP2) go to an attorney and each have a will drawn up making their respective partner the executor of their estate and their beneficiary. In addition, both partners name an alternative executor/beneficiary (AE&B.) Both partners name the same person as their AE&B.
LP1 dies first and this estate passes to LP2. Shortly after the death of LP1, LP2 is diagnosed with a terminal illness.
A few months before LP2 dies, LP2 starts probating LP1's estate. Around this same time a relative takes LP2 to a different attorney and LP2 changes their will making the relative the sole executor/beneficiary of LP2's estate.
Many years go by...
One day the AE&B is online and discovers that land owned jointly by LP1 & LP2 (with no right of survivorship) is still in the name of LP2's "Estate" c/o the relative. Since the relative had bragged after the death of LP2 that they had gotten it all, AE&B makes some calls to find out why the land is still in the "estate" of LP2.
Upon further investigation, it is discovered that there had been a "glich" in the relative's plan because of the land owned jointly by LP1 and LP2. Because of this glitch, the relative prepared and filed a petition with the court to be named "Administrator" of LP1's will. The relative stated in their petition to the court that the AE&B did not wish to servce as executor (as named in LP1's will.) The relative prepared these documents but THEN had an attorney prepare a Petition of Administrator For Final Discharge.
1. Since the AE&B did not waive their right as executor of LP1's estate as required under Alabama Law; and since the relative committed perjury/fraud when they stated in their petition to the court that the AE&B had wavied their rights, does the AE&B have a case against the relative and/or the attorney who prepared and filed the petition for final discharge on behalf of the relative?
2. Since LP2 was in the final stages of their terminal illness when the realtive took them to an attorney to have the will changed, was undue influence exerted over LP2 by the relative?
3. Would a judge re-examine the estate of LP2 since fraud is suspected?
|May 16th, 2012, 10:37 PM||#2|
Top Level Member
Join Date: Dec 2009
Re: Executor dies before will is probated
I wish to inform you that LP2 will can be challenged because when a person is suffering from terminal illness at that time persons mental condition may not be such in which a person can think like a reasonable man. Further there is a difference between executor and beneficiary. Executor is a person who transfers the property to legal heirs as per will. Beneficiary is the person to whom property is transferred under will. If relative is named both as executor as well beneficiary then it may be questioned that such an act during terminal illness shows that deceased may not have made will by free consent.
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