Frisco City, AL asked in Probate for Alabama

Q: My Dad died in December of 2015. Prior to his death his wife who is not our mother used her power of attorney to deed

property to herself to make sure we would not inherit anything upon his death. We had it reversed to be put back in his name only. But now we are being told that she can inherit the first $50,000 plus half of whats left. Then we would get the scraps which is not much. Is this correct because I've read that since she's not our biological mother, she can only receive a half of the estate and the biological children of the deceased the other half? Please help me.

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1 Lawyer Answer
Jack T. Carney
Jack T. Carney
Answered
  • Probate Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: Your research skills are good! If she is not your mother then her share is 1/2 of the estate (assuming he died without a Will). There are some other benefits she can claim as a surviving spouse which could enhance her share by about $30,000. These are called the statutory exemptions and allowances and are: homestead exemption, personal property exemption and family allowance. Good luck.

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