How do I receive probate records for my deceased mother?

She passed away 11 years ago and had an active retirement fund that was not settled in the succession of her estate. To make things more interesting, I have a sister who is 33 and lives in an assisted living facility with permanent brain damage. Would the facility she is in have stake in her portion of the funds?

Asked on August 1, 2012 under Estate Planning, Alabama


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for the situation.  The probate file is a public record.  It is filed in the county in which your Mother resided at the time of her death.  You can ask for the file out or archives and a copy.  The estate will have to be reopened to deal with the retirement account.  And if your sister would have received the money as well then maybe, but it depends.  Look in to opening a Pooled Income Trust or some other trust for her benefit.  Speak with a lawyer.  Good luck.

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