Q: Estate Law for an only child and a wife who was separated from decease for 25 years. What are the daughter rights.
He has property, 401K, business and home.
A:
There are limited facts in your question and therefore in answering it I must make some assumptions and speak in more general terms. The rights of the "next-of-kin" of a deceased depend first on whether the decedent had a Will. If there is no Will, then the probate estate passes to spouse and children (with the exception of non-probate property that passes to a joint owner or a named beneficiary). If there is a Will, then the assets pass pursuant to its terms, but the spouse and children are entitled to notice of any probate and a copy of the Will. A spouse in Alabama has the right to "elect against the Will" and take one-third of the probate estate as opposed to what is outlined in the Will. A child has no such right of election.
If you believe you may have an interest in an estate, it may be best to consult an attorney. A legal professional can gather all of the facts and make appropriate recommendations. Even if you do not have an interest in the estate, learning so can provide some closure and would be worth any legal consultation fee. Good luck.
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