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common probate problems

Problems with Probate

PROBATE

“PROBATE” REFERS TO THE LEGAL PROCESS BY WHICH A LAST WILL AND TESTAMENT IS ADMINISTERED. A WILL MUST BE PROBATED TO HAVE ANY LEGAL EFFECT.

NO PRIVACY

    • Probate proceedings are public. Anyone can walk into their local probate and ask for the entire file and review it at their leisure.
    • The probate court will even allow you to make copies of anything from the file that you want.
    • Your nosey neighbor will love this!
      Probate proceedings are public. Anyone can walk into their local probate and ask for the entire file and review it at their leisure.
    • The probate court will even allow you to make copies of anything from the file that you want.

• Your nosey neighbor will love this!

IT IS SLOW

  • Probates must stay open for a minimum of 6 months in Alabama, but they usually last about one year with court delays and other issues.

THE EXECUTOR HAS PERSONAL
LIABILITY

  • The executor (“Personal Representative”) can be sued personally for any wrongdoing – whether they meant to do anything wrong or not.

YOUR HEIRS AT LAW WILL BE A PART OF THE LEGAL COURT PROCESS

  • All of your legal heirs – which may include more people than you think – are by law required to be a part of the probate process and legal proceeding.
    At Anderson Estate Planning, we often keep clients out of probate court. if avoiding probate court is appealing to you, call our office at (256) 273-5109 or email us anytime at Info@andersonprotection.com

Author Bio

Ryan Brown

Brian Moore, L.L.M.
Estate Planning Attorney

Brian represents clients in the areas of Elder Law, Estate Planning, Special Needs Planning, Guardianships and Conservatorships.

As a former Commissioner of the Alabama Medicaid Agency and having obtained an LLM in taxation from the University of Alabama School of Law, Brian is considered a foremost expert in estate planning and elder law in Alabama.

Outside of representing clients, Brian enjoys spending time with his wife and his daughter, exploring North Alabama, and attending their local church and various sporting events, including his daughter’s tennis matches.

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