Atlanta, GA asked in Probate for Alabama

Q: Hello, my father was killed, He had a wife and 3 children. In this case, how is the estate usually divided?

As of now we haven't found a will. Might I also add that 2 of us are grown and from a previous marriage. The other child is also grown but lived in the house with my father and stepmother.

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

A: I’m sorry for your loss. If your father had no Will, then the estate passes by the laws of intestacy. Those laws provide that one half of the estate passes to his spouse and the other half passes to his children.

The estate does not include assets that pass automatically, such as joint property and assets with a specific beneficiary. Finally, a spouse may be entitled to some additional benefits from an estate (called the exemptions).

Good luck and I wish you all well.

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