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Probate And Burial Law

Discussions relating to Drug Laws

Probate And Burial Law

Postby Alger » Mon Dec 05, 2016 11:53 am

My father recently passed away in Alabama. He was diagnosed with terminal cancer in December 2011. In January 2012, he discussed with me the provisions of the will via telephone, as I live in another state. However, I've been told that my younger half-brother had him change his will while my father was heavily medicated and undergoing radiation treatments. My brother has taken over my father's estate and is giving my father's possessions away. He had my father cremated without my consent, and I have no idea where he put my fathers remains. He also tells me that the will exempts him from probate, and the attorney who supposedly witnessed the Will has not returned my calls. I even went to his office and left a letter with my address and contact information on it, requesting a copy of all wills and asking for the name of another law firm that is representing my father(now his next of kin) in a lawsuit against a drug company. I feel as if I am being excluded on purpose, for all they have to say is that they don't know how to contact me(which is a lie, but it benefits all involved monetarily to have one less person left out.)

The local courthouse says my father has no Will on record, so I can't contest anything. So I am forced to sit by while my brother disposes of my father's assets. The one thing that was of utmost sentimental value to me was my father's coin collection he started for me when I was born in 1963. My brother now says he doesn't think it's fair for me to have the entire collection, and gave me part of the collection, but kept the coins that were of the most monetary value, of course.

Before departing for Alabama, the day my father passed, I contacted the funeral home by phone and email and asked them if they needed anything from me, and that I would be in town the next day. I was informed by the funeral director via telephone that they didn't need anything from me, and the email was unanswered.

The next day, I was told by the funeral home and brother that I was not needed. I discovered the next day that my brother, two half-sisters had arranged for my father to be cremated, and that there was a memorial video which would be showing pictures. I did manage to get a few pictures in the memorial, but the funeral director told me that he didn't need my permission to cremate my father. He said he only needed a majority. The funeral home also listed my step-brothers as "sons" of my father, though he never adopted them and has been divorced from their mother from about 2004. The funeral home also allowed my father to be viewed by family and friends on the evening of April 12, over 48 hours since he had passed, without embalming him. On April 13, my half-sister called me repeatedly claiming I had to sign the cremation form or my father would not be cremated. I went to the funeral home, and was told they didn't need me for anything, that the cremation process had already started. My questions are:

Did Alabama law change so that only a majority of the children need to sign for cremation? If not, is there any remedy or actions I can take against the funeral home for cremating my father, and allowing his body to be viewed without embalming. I was treated with utter disrespect, and my father deserved a real funeral, not just a viewing and burning of his body? I am very distraught over this. I know what happened is wrong, but don't know what I can do about it.

:

How do you stop someone who has appointed themselves as personal representative, or claims to have a paper stating he is, but it's not been approved by the Probate court?

I also don't know where to start as far as the Will. How do you contest a will that has never been presented to Probate? My brother thinks he can keep the corvette, sell the house and dispose of my father's other belongings was he sees fit without going through the Probate court. I know what my father wanted, and his wishes are not being upheld. :

My father has one, possibly two, illegitimate children. Do they have any rights? One is a grown man, the other is a baby who could benefit from my father's pension. These children were not mention in my father's will at all, and I'm told my father basically disinherited me by stating he had provided for me in my lifetime. Unfortunately he did not. Your advice will be appreciated. Blessings.
Alger
 
Posts: 31
Joined: Sun Feb 16, 2014 4:30 am

Probate And Burial Law

Postby Amett » Tue Dec 06, 2016 6:44 pm

Here is the law--

(2) The decedent's surviving children. If there is more than one child who qualifies as an authorizing agent, any such child may serve as the authorizing agent except, in the case of a cremation, such child must submit by affidavit the consent of all other surviving children to serve as authorizing agent. If any surviving child is unable to be notified of a pending cremation, the remaining children may select the authorizing agent by submission of legal documentation of the inability to notify the absent child or children. If the funeral director receives written objection to such cremation from any child before cremation, no cremation shall be performed except upon the written withdrawal of the objection or upon the order of a court of competent jurisdiction.

Lower in the list is this--

(6) Any person serving as executor or legal representative of a decedent's estate and acting on the decedent's signed, written instructions contained in a will or other writing, regardless of whether the will has been probated.

You can file a complaint with the state funeral board about the cremation without your authorization, but I don't think it would do any good. Maybe a slap on the wrist. Would you have wanted and paid for body burial instead? What did your father want?

The viewing without embalming should not be an issue. If people knew what was involved with embalming, they would *never* choose it. As for your father's assets, write a letter to the Probate Court and let them know what's going on. Nice of you to worry about other kids. The baby is probably entitled to Social Security death benefits if your father is on the birth certificate. Nothing for the adult.
Amett
 
Posts: 40
Joined: Tue Feb 18, 2014 10:18 pm

Probate And Burial Law

Postby Marcelinho » Tue Dec 13, 2016 7:51 pm

My father recently passed away in Alabama. He was diagnosed with terminal cancer in December 2011. In January 2012, he discussed with me the provisions of the will via telephone, as I live in another state. However, I've been told that my younger half-brother had him change his will while my father was heavily medicated and undergoing radiation treatments. My brother has taken over my father's estate and is giving my father's possessions away. He had my father cremated without my consent, and I have no idea where he put my fathers remains. He also tells me that the will exempts him from probate, and the attorney who supposedly witnessed the Will has not returned my calls. I even went to his office and left a letter with my address and contact information on it, requesting a copy of all wills and asking for the name of another law firm that is representing my father(now his next of kin) in a lawsuit against a drug company. I feel as if I am being excluded on purpose, for all they have to say is that they don't know how to contact me(which is a lie, but it benefits all involved monetarily to have one less person left out.)

The local courthouse says my father has no Will on record, so I can't contest anything. So I am forced to sit by while my brother disposes of my father's assets. The one thing that was of utmost sentimental value to me was my father's coin collection he started for me when I was born in 1963. My brother now says he doesn't think it's fair for me to have the entire collection, and gave me part of the collection, but kept the coins that were of the most monetary value, of course.

Before departing for Alabama, the day my father passed, I contacted the funeral home by phone and email and asked them if they needed anything from me, and that I would be in town the next day. I was informed by the funeral director via telephone that they didn't need anything from me, and the email was unanswered.

The next day, I was told by the funeral home and brother that I was not needed. I discovered the next day that my brother, two half-sisters had arranged for my father to be cremated, and that there was a memorial video which would be showing pictures. I did manage to get a few pictures in the memorial, but the funeral director told me that he didn't need my permission to cremate my father. He said he only needed a majority. The funeral home also listed my step-brothers as "sons" of my father, though he never adopted them and has been divorced from their mother from about 2004. The funeral home also allowed my father to be viewed by family and friends on the evening of April 12, over 48 hours since he had passed, without embalming him. On April 13, my half-sister called me repeatedly claiming I had to sign the cremation form or my father would not be cremated. I went to the funeral home, and was told they didn't need me for anything, that the cremation process had already started. My questions are:

Did Alabama law change so that only a majority of the children need to sign for cremation? If not, is there any remedy or actions I can take against the funeral home for cremating my father, and allowing his body to be viewed without embalming. I was treated with utter disrespect, and my father deserved a real funeral, not just a viewing and burning of his body? I am very distraught over this. I know what happened is wrong, but don't know what I can do about it.

:

How do you stop someone who has appointed themselves as personal representative, or claims to have a paper stating he is, but it's not been approved by the Probate court?

I also don't know where to start as far as the Will. How do you contest a will that has never been presented to Probate? My brother thinks he can keep the corvette, sell the house and dispose of my father's other belongings was he sees fit without going through the Probate court. I know what my father wanted, and his wishes are not being upheld. :

My father has one, possibly two, illegitimate children. Do they have any rights? One is a grown man, the other is a baby who could benefit from my father's pension. These children were not mention in my father's will at all, and I'm told my father basically disinherited me by stating he had provided for me in my lifetime. Unfortunately he did not. Your advice will be appreciated. Blessings.
Marcelinho
 
Posts: 47
Joined: Sat Jan 04, 2014 10:49 am


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