Tuscaloosa, AL asked in Estate Planning for Alabama

Q: Is the estate administrator obligated to divide property/funds if children have been estranged for years

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

A: I do not have enough information to provide you with an answer you may rely upon. However, I will assume when you said administrator that there is no Will. The law provides that the assets pass to the heirs at law (which are the next closest relatives determined pursuant to Alabama law). If someone is not married at death, it would likely be their children and the descendants of any deceased child. The assets must pass to the heirs and it doesn't matter if those heirs are estranged, bad people, etc. Even an heir in prison is entitled to their share. Hence, it is important for all individuals to sign a Will in order to ensure their wishes are followed. Good luck.

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