Q: Does daughter in law have rights as heir in Alabama?
My mother died 18 mos ago without leaving a will. My brother and his wife lived in her home at the time and after her death. My brother died 6 months ago and his wife now assumes that the home belongs to her. I am the only surviving child. Does she have a share in this home as an heir? Property has not been placed in probate.
A:
It appears that she would have an interest in the home, but as an heir of your brother's estate. When your mother died, the home vested in you and your brother. As your brother survived your mother, his interest in her home is in his estate and will pass pursuant to his Will or to his heirs if he does not have a Will. The extent of her interest depends on the specific facts, but she likely has some legal interest in the home.
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