Ex parte Alice Lynn Harper Taylor.

Alice Lynn Harper Taylor ("Alice") petitioned the Alabama Supreme Court for a writ of mandamus directed to the Monroe Probate Court, requesting that court enter orders: (1) reinstating her petition to probate a will allegedly executed by Alice Earle Harper in 2007; (2) reinstating her petition contesting the 2007 will; and (3) transferring her contest of the 2007 will to the Monroe Circuit Court pursuant to 43-8-198, Ala. Code 1975. The decedent died in 2013. Alice filed to probate the decedent’s 1995 will in Monroe County. Approximately one year later, one of Alice’s brothers, William, moved to dismiss Alice’s petition, and filed in Escambia County a will drafted in 2007, purporting to revoke the 1995 will. Alice challenged the validity of the 2007 will; William challenged the 1995 will. The Probate court determined Monroe County was the proper venue, but ruled in favor of William and the 2007 will. The Alabama Supreme Court found neither the 1995 will nor the 2007 will was determined to be the decedent’s last will. Where several wills and will contests are filed, the Supreme Court has approved of the consolidation of such proceedings. Monroe County was the proper venue to hear the matter. The Court found the Monroe Probate Court erred in dismissing Alice’s petition to probate the 2007 will and her contest of that will. There was no dispute at to whether Alice made the prima facie showing required under 43-8-198. Thus, she was entitled to an order transferring that will contest to the Monroe Circuit Court. View "Ex parte Alice Lynn Harper Taylor." on Justia Law