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How will my father's intestate estate be divided among his heirs?

How will my father's intestate estate be divided among his heirs?

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 Code of Ala. § 43-8-40 through § 43-8-58. According to Code of Ala. § 43-8-41, the distribution of the estate depends on the surviving family members:

If there are surviving children from both marriages, the surviving spouse receives half of the estate.
The marital home, valued at $1.8 million, will go to the surviving spouse.
The remaining estate, worth $2.2 million ($4 million total minus $1.8 million for the home), will be divided. The surviving spouse gets half of this, which is $1.1 million.
The remaining half, $1.1 million, will be divided equally among the children, including you and your two half-sisters.

In summary, the surviving spouse will receive the marital home and $1.1 million, while you and your half-sisters will share the remaining $1.1 million equally.

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.