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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23976
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My father died with no will and s wife and her children are

Customer Question

My father died with no will and his wife and her children are selling the house. Am I entitled to any thing
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. Yes, you may very well be entitled to a share of his estate. I say this for the following reasons: Under Alabama’s laws of intestate distribution, any part of an estate that is not effectively disposed of through a valid Last Will and Testament is distributed to the decedent’s heirs as follows:

  1. If the decedent is survived by a spouse, the following rules apply:
    1. If the decedent didn’t leave parents or children, the spouse gets everything.
    2. If the decedent was survived by parents but not by children, the spouse gets $100,000 and half of the balance of the decedent’s estate. The decedent’s parents get the remaining half.
    3. If the decedent had children who are also children of the surviving spouse, the surviving spouse gets $50,000 and one half of the balance of the decedent’s estate. The surviving children share the other half of the balance.
    4. If the decedent had living children that are not the children of the surviving spouse, the surviving spouse gets one half of the estate and the decedent’s children get the remaining half.
  2. If the decedent is not survived by a spouse, the estate passes to decedent’s heirs at law in the following order of priority:
    1. Children and their descendants;
    2. Parents;
    3. Brothers and sisters, or, if all are deceased, nieces and nephews;
    4. Grandparents, aunts, and uncles or, if all are deceased, to their descendants; and
    5. The State of Alabama.

As you can see, everything may not pass to her and you could have a share, so she may not have a right to just sell the home. However, you also need to look and see how title to the home was held, since they may have titled it in a way that upon either of their passings, the other spouse would take full ownership. It would appear you are entitled to some of his estate and should speak with whoever is handling it at this time.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!