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Can a will be dictated by phone

Odenville, AL |

The lawyer that read the will said she dictated the will over the phone. Is this legal? Also there are way to many conflicts of interest in the will! Plus I'm a only child is it really nessecary?

The conflicts of interst are with th trustees they are using my mothers land for raising cattle. The trustees are my mothers sisters an we dont get along at all they always condsend everything i do, an try to belittle everything i did for my mother. The she is the lawyer

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Attorney answers 3

Best Answer
Posted

In the state of Alabama, every will must be a written instrument. See, Code of Alabama, 1975, section 43-8-131:
"Except as provided within section 43-8-135, every will shall be in writing signed by the testator or in the testator's name by some other person in the testator's presence and by his direction, and shall be signed by at least two persons each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will."

The aforementioned section 43-8-135 permits a choice of law as to validity, if prepared in another jurisdiction:
"A written will is valid if executed in compliance with section 43-8-131 or if its execution complies with the law at the time of execution of the place where the will is executed, or with the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national."

Any question as the validity of a will needs to be filed as soon as possible, and not later than 6 months after the death of the decedent. Your best course of action is seek the services of a qualified attorney, and especially one who concentrates his or her practice in the area of wills, estates, and trusts. For help in selecting an attorney, you may wish to contact the Lawyer Referral Service, a free service to the public, at the Alabama State Bar: (334) 269-1515.

Posted

Who is the 'she' you mention? The lawyer or the person who died?

You didn't list any conflicts of interest.

If by 'all this' you mean the probate process, absolutely. Children don't automatically inherit- sometimes they are disinherited, so the state needs to figure out the wishes of the individual who passed.

You may want to contact a probate attorney to help ensure your interests are protected.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. Addressing your issue does not create an attorney-client relationship and I AM providing you educational information NOT legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Asker

Posted

Thank you for your information. Do you know any good lawyer in alabama that specialize in wills an estates?

Posted

The will can be electronically recorded in some jurisdictions. Unsure what conflicts you are describing.Without a will and without a spouse most likely everything would go to you assuming nothing was held in trust or joint tenancy.As you are asking I assume the will does not benefit you. If it benefits the attorney that could be bad. Get a lawyer.

Asker

Posted

No it benefits me but with all kinds of red tape. My cousin is the probate judge here an he said he would have to recuse himself because of that. He also told me that the will is the most complicated will he has ever read.

Asker

Posted

Im asking because i feel the trustees pushed her to make it. The will totally contradicts everything my mother ever told me. Can a trustee benefit off the power of being the trustee, they can do whatever they want with the property which i live in the house with my wife an daughter

James P. Frederick

James P. Frederick

Posted

You have a complicated situation with a lot of unusual facts. You really need to get a lawyer to help you sort this out.

Asker

Posted

Thank you to all for the advice. Im going through a rough time with it. I guess that it is nice to talk to someone other thanmywife who gets so emotional about it. Thank you all once again

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