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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What are wife's rights when left out of will

Customer Question

what are wife's rights when left out of will
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
does wife need to contest will?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The spouse is entitled to what is called a "spousal elective share" if there is a will and they are left out of that will. In Alabama, a spouse must file a Petition for Elective Share must be made within six months after the date of death or within six months after the probate of the will, whichever is later.
Under Alabama law, the court looks at the entire estate of the deceased and the value. AL determines the elective share as the lesser of the entire decedent's estate reduced by the value of the estate of the surviving spouse, or one-third of the decedent's estate.