Tuscumbia, AL asked in Estate Planning for Alabama

Q: Estate go to wife of person who died?

My husband's brother (xxx) died February 2018, leaving 1/3 of his estate to my husband xxx. xxx passed 2 weeks ago, August 2018. The sister (executor) now says xxx's 1/3 share does not go to me as wife of xxx, but to our daughter. Is this correct, even though husband's brother, xxx, passed first?

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1 Lawyer Answer
Frank Truncali
Frank Truncali
  • Estate Planning Lawyer
  • Montgomery, AL
  • Licensed in Alabama

A: As long as a beneficiary in a will (Chuck) survives more than five days after the death of the testator (Bill), then Chuck's interest would go into his estate. As surviving spouse it should go to you first. That is the general rule. One exception would be if Chuck had specific language in his will as to how long his beneficiaries should live after his death.

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