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My father is survived by me, his son from his first marriage, and spouse and two daughters from his second marriage. How will the property be divided?

My father is survived by me, his son from his first marriage, and spouse and two daughters from his second marriage. How will the property be divided?

Full question:

My father died intestate in the year 2012. He was survived by me, his son from his first marriage, and spouse and two daughters from his second marriage. We never thought about the property division back until my step decided to move to Texas from Alabama. My father was worth a total of $ 4 million dollars out of which the value of the marital home is valued at $ 1.8 million dollars. How will the property be divided among the surviving members of the family?

Category: Wills and Estates
Subcategory: Intestacy
Date: 04/07/2025
State: Alabama

Answer:

In Alabama, Intestate succession is governed by the provisions enumerated in Code of Ala.§ 43-8-40 through § 43-8-58. The share of the surviving spouse and children in an intestate division of property is enumerated in Code of Ala. § 43-8-41 which reads:

“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.”

Per the above provision, in the given case, the surviving members shall get their share in the following manner:

1. The marital home shall belong to the shall go to the surviving wife.
2. The surviving spouse shall also be entitled to half of the remaining property worth $3.2 million dollars.
3. The children shall be entitled to equal share in the remaining half of the property worth $3.2 million dollars.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is a child entitled to when a parent dies with a will?

When a parent dies with a will, the child is entitled to inherit according to the terms specified in the will. This could include specific assets, a share of the estate, or other benefits. If the will is valid and properly executed, it generally overrides state intestacy laws. However, if the child is not mentioned in the will, they may not receive anything unless state laws provide for certain entitlements, such as a forced share. Always consult an attorney for specific advice related to estate matters.

What happens when your dad dies without a will?

When a father dies without a will, his estate is distributed according to state intestacy laws. In Alabama, for example, the estate would typically be divided among the surviving spouse and children. The spouse may receive a portion of the estate, while the children share the remaining assets. The exact distribution depends on the family structure and the total value of the estate. It's advisable to consult with a legal professional for guidance in such situations.

Do I automatically inherit my parents' house?

Whether you automatically inherit your parents' house depends on their estate planning and the laws in your state. If they have a will that specifies you as the heir, you will inherit the property. If they die intestate, the house may be divided according to state intestacy laws, which often include surviving spouses and children. In Alabama, for example, the surviving spouse generally has rights to the marital home. Consulting an attorney can clarify your specific situation.

Am I entitled to anything if my father died?

If your father died intestate, you may be entitled to a share of his estate under state intestacy laws. In Alabama, as a child, you would typically inherit alongside any surviving spouse and siblings. The exact amount you receive depends on the total value of the estate and the number of heirs. If there was a will, your entitlement would depend on its terms. It's best to seek legal advice to understand your rights and entitlements.

What happens to my husband's inheritance if he dies?

If your husband dies, his inheritance would typically become part of his estate. If he had a will, the inheritance would be distributed according to its terms. If he died intestate, the inheritance would be divided according to state intestacy laws, which may include you and any children. In Alabama, the surviving spouse often has rights to a portion of the estate. It's important to consult an attorney to understand the implications and your rights.

What happens when your dad dies and there is no will?

When your dad dies without a will, his estate is subject to intestacy laws in your state. In Alabama, the estate would be divided among the surviving spouse and children. The spouse typically receives a share, while the children inherit the remaining assets. The distribution depends on the family structure and the estate's total value. It's advisable to seek legal counsel to navigate the process and understand your rights.