Q: IF MY NON BIOLOGICAL PARENT DIES AND WANTS ME TO INHERIT HIS POSSESSIONS BUT NEVER MADE A WILL DO I HAVE ANY RIGHTS?
THE MAN WHO RAISED ME AS HIS OWN VERBALLY TOLD ME AS WELL AS HIS BUSINESS PARTNER AND CLOSE FRIENDS THAT IF AND WHEN HE DIED TO MAKE SURE THAT I GET EVERYTHING HE OWNED, BUT HE NEVER MADE A WILL. HE HAS NO BIOLOGICAL CHILDREN, HAS NEVER BEEN MARRIED, AND HIS ONLY SURVIVING FAMILY ARE HIS TWO SIBLINGS. WHAT ARE MY RIGHTS? HE MOVED FROM NEW JERSEY TO ALABAMA WHEN HE RETIRED AND I'M UNSURE OF ALABAMA'S PROBATE LAWS. PLEASE HELP!
A:
I am unable to give you specific legal advice upon which you can rely in this answer, as I am not representing you and do not have an opportunity to ask follow-up questions, etc. However, I can provide you with some general information about Alabama law that may be helpful.
If someone dies without a Will in this state, their assets will pass by the intestate laws, which state that the assets go to the legal next of kin (in your case, siblings). Any statements made about a person's wishes really have no effect unless they are in a valid Last Will and Testament. I had a case where an individual left a detailed letter about what she wanted after she died, but we could not follow it because it was not a valid Last Will and Testament. It may seem unfair to go against someone's direct wishes, but the law makes it clear that the only way to ensure one's wishes are followed after death is for that person to make a Will. It may be that your only option is to ask his siblings to honor his wishes (but know that they have not obligation to do so).
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