Estate Law Questions? Ask an Estate Lawyer.
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Did the deceased leave a spouse or any children?
Did the person reside in Alabama?
Share of the spouse.The intestate share of the surviving spouse is as follows:(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;(2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate;(3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate;(4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate;(5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.Section 43-8-42Share of heirs other than surviving spouse.The part of the intestate estate not passing to the surviving spouse under section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows:(1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;///
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