Clanton, AL asked in Estate Planning for Alabama

Q: In the state of Alabama if a person dies intestate and owns a home that is paid for, has one living son and one deceased

son who had a daughter does the living son inherit the home?

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

A: If a person dies intestate, that is without a Last Will and Testament, then the assets in the person's sole name pass to the "heirs at law" of that person. Assuming there is no spouse, the heirs at law are the children. If there is a deceased child, the children of that deceased child inherit the share their parent would have received had they been living. In your hypothetical and assuming there are no other family members, the home would pass 1/2 to the living son and 1/2 to the granddaughter (child of the deceased son).

This answer is general in nature and is not meant to provide specific advice to your situation. If you seek specific advice or a recommendation, please consult an attorney in your area. Good luck!

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