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The state of Alabama has Common Law Marrages. My father passed

Resolved Question:

The state of Alabama has Common Law Marrages. My father passed away and the judge ruled he and his lady friend are under this law. How would his assets be devided between her and my brother and I?
Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.
Thanks for your question. First remember that we are talking only his separate property and 1/2 of the mariatla property. She gets any of her searate and the other 1/2 of the marital property. Here then is the law of Alabama on intestacy(no will).


"The laws of Alabama are shown below, but you should remember that these laws may not apply if the deceased was not a resident of Alabama, or if the property is located in another state. In this list, “issue” means all of the people who have descended from the decedent. This includes children (both natural and adopted), grandchildren (both natural and adopted), great grandchildren, and so on.

1. Property going to the surviving spouse:

a. entire estate if no surviving issue or parents of decedent;

b. first $100,000, plus ½ of balance of estate if there is no surviving issue but there is surviving parent(s);

c. first $50,000, plus ½ of balance of estate if there are surviving issue all of whom are also issue of surviving spouse, or;

d. ½ of estate if there are surviving issue who are not issue of the surviving spouse.

2. Property not going to surviving spouse:

If there is no surviving spouse, or there is property left after the spouse receives his or her share, it passes under the following priority: All of the property passes to the issue, unless there are none. If none, all passes to the parents. If neither parent is living, the estate passes to siblings, and so on under this priority:

a. issue

b. parents

c. brothers and sisters

d. grandparents

e. aunts and uncles

f. cousins"

RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29268
Experience: 29 years as a family law lawyer .
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