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Questions Answered by Rebecca M. Wright
1 Answer | Asked in Estate Planning for Alabama on
Q: What does term in will mean : to serve in such capacity “without making bond or accounting “
Rebecca M. Wright
Rebecca M. Wright answered on Jun 17, 2019

Any executor, devisee or legatee named in the will may probate a will. ALA. CODE § 43-2-851 requires the executor of a will to post bond. If bond is not waived in the will or if the petitioner is not named in the will as executor, then the probate court will require a bond.

In some...
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1 Answer | Asked in Probate for Alabama on
Q: My husbands father died. He was remarried and had been for the last 26 years. How should the estate be divided?

It’s him, his brother and 3 step brothers and step mom

Rebecca M. Wright
Rebecca M. Wright answered on Feb 28, 2019

The answer to your question depends on whether your father-in-law had a valid, self-proving Last Will & Testament when he died. If not, he is said to have died intestate, or with no will. In Alabama, the laws of intestacy succession come into play if there was no will.

Under the laws of...
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1 Answer | Asked in Probate for Alabama on
Q: What happens when someone dies without a will and has never been married or has children
Rebecca M. Wright
Rebecca M. Wright answered on May 15, 2018

Any part of a decedent's (person who has died) estate that is not effectively disposed of by his/her will would pass to his/her heirs (those surviving the decedent). (AL Code § 43-8-40 (2017)). However, if there is no spouse or children that survive the decedent (as in your case), then the estate... Read more »

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