Q: My husbands father died. He was remarried and had been for the last 26 years. How should the estate be divided?
It’s him, his brother and 3 step brothers and step mom
A:
The answer to your question depends on whether your father-in-law had a valid, self-proving Last Will & Testament when he died. If not, he is said to have died intestate, or with no will. In Alabama, the laws of intestacy succession come into play if there was no will.
Under the laws of intestacy succession, if a decedent is survived by a spouse and one or more children who are not descendants of the surviving spouse, then the surviving spouse will inherit one-half (1/2) of the probate estate, and the deceased person's children will inherit the other one-half (1/2), per stirpes. Assuming your husband and his brother are not the children of the surviving spouse, your father-in-law's wife would receive 1/2 of the probate estate and your husband and his brother would split the remaining 1/2, each receiving 1/4 of the probate estate.
That being said, it is best for you to retain a probate attorney in Alabama so you are able to provide your attorney with more information and all the specifics of your father-in-law's estate.
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