Q: If a parent dies and leaves a child out of the will is the child entitled to a share of the estate
A: Possibly. In Alabama a child is not guaranteed a share of the parent's estate. So usually, if a parent makes no provision for a child in the will, or if he/she specifically excludes a child, then the child gets nothing. Alabama Code Section 43-8-91 sets out two circumstances when a child who is left out of a will can receive a portion of the estate. First, if a child is born after the will is executed the child DOES get a share of the estate, although there are several big exceptions to this rule. Second, if the testator (the person making the will) incorrectly believes that the child is dead, the child may get a share of the estate. Other than these circumstances, a child left out of a will gets nothing. Can't tell how you fit in here...whether you are an omitted child or whether you want to leave the child out of your will. In either event, you need to consult with a lawyer.
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