Executor Appointment Probate Process

Summary

In Alabama, if a person dies without a will, the probate court appoints an administrator, often a next of kin, to manage and distribute the estates assets. You can contest your brothers appointment in probate court if you have valid concerns. You also have the right to oppose your brothers request to sign the house over, especially if it is in foreclosure. The lender may also have a say in the proceedings. Consult a local attorney for detailed advice.

Full Conversation

Deceased, mothers estate my brother wants signature to become executor to have full control on what happened to her home
Hello ****. In Alabama, the probate court appoints the executor. Did your mother leave a will naming an executor? This information will help me provide more specific guidance.
no
Hello ****. As per Alabama law:
- If the decedent dies without a will, the probate court appoints an administrator.
- The court may give preference to the decedent's next of kin.
- The appointed person will manage and distribute the estate's assets.
You can contest your brother's appointment in probate court if you have valid concerns.
i wanted to sale the home he doesn’t now it’s In foreclosure and I’ve gotten letters from his attorney to sign over to him but the house is in a stand still
Hello ****, based on your situation, here's some general information:
- In Alabama, you can contest the foreclosure in court.
- You have the right to oppose your brother's request to sign the house over.
- If the house is in foreclosure, the lender may also have a say in the proceedings.
You should consult with a local attorney for detailed advice.