Q: If I have more assets than my deceased husband, will I get nothing or do I get one third of his assets.
My husband had annuities and insurance for his adult children, and I am not sure if I am interpreting the law correctly for Alabama when it says that a spouse in Alabama cannot be left out. My husband had a will but I was not included in it. So when the law says it is impossible for the spouse to be left out, that is where I am confused. 1/3 or my assets minus his which leaves me with zero since my assets comes to more than his. So do I get nothing or the 1/3. please advise since I go to probate soon.
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A: Hire an AL attorney now. You may need to elect against the Will and claim benefits in his Estate as a surviving spouse. But annuities and insurance are rarely assets of an Estate.
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A:
Hello, you are referring to the Alabama Elective Share Statute, Ala. Code § 43-8-70, et seq. When calculating the elective share, the value of the surviving spouse's separate estate is considered. This includes all property and assets that the surviving spouse owns independently of the deceased spouse. The inclusion of the separate estate ensures that the elective share reflects the surviving spouse's overall financial situation, preventing an excessive claim on the decedent's estate if the surviving spouse already has substantial assets.
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