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lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
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In a second marriage, when the husband has three surviving

Resolved Question:

In a second marriage, when the husband has three surviving children (adults), if the husband dies first and leaves all of his property to his children, does the wife have a right to any of this inheritance?
Submitted: 7 years ago.
Category: Family Law
Expert:  lwpat replied 7 years ago.
Almost all states have a provision called the elective share of the spouse. This prevents a spouse from being left destitute but it has to be properly claimed with the probate court.
lwpat and 2 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
In alabama what percentage is the wife entitled to?
Expert:  lwpat replied 7 years ago.
a) If a married person domiciled in this state dies, the surviving spouse has a right of election to take an elective share of the estate. The elective share shall be the lesser of:

(1) All of the estate of the deceased reduced by the value of the surviving spouse's separate estate; or

(2) One-third of the estate of the deceased.

(b) The "separate estate" of the surviving spouse shall include:

(1) All property which immediately after the death of the decedent is owned by the spouse outright or in fee simple absolute;

(2) All legal and equitable interests in property the possession or enjoyment of which are acquired only by surviving the decedent; and

(3) All income and other beneficial interests:

a. Under a trust;

b. In proceeds of insurance on the life of the decedent; and

c. Under any broad-based nondiscriminatory pension, profit-sharing, stock bonus, deferred compensation, disability, death benefit or other such plan established by an employer.

(c) If a married person not domiciled in this state dies, the right, if any, of the surviving spouse to take an elective share in property in this state is governed by the law of the decedent's domicile at death.

 

http://law.justia.com/alabama/codes/30792/43-8-70.html

 

Customer: replied 7 years ago.
Does the"separate estate" include the couple's home,which the wife is helping to pay for, and property the wife acquired before her marriage and owns in joint tenancy with her daughter?
Expert:  lwpat replied 7 years ago.
The separate estate does not include the joint tenancy with daughter but does include the house if all of it went to you by a right of survivorship.
lwpat and 2 other Family Law Specialists are ready to help you