Full question:
My mom passed away due to terminal cancer. I am their only daughter from the marriage and we are residents of the state of Alabama. The man she is was married, prior to marrying my father, has a son who is not my mother’s son. My mother had not adopted him during their marriage. My mom was an heiress and has left behind a substantial amount of property. Does my mother’s stepson get any benefit from her estate because she did not leave a will behind?
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Alabama
Answer:
In Alabama, intestate succession laws determine who inherits when someone dies without a will. According to Code of Ala. § 43-8-41, the only beneficiaries in this case would be the surviving spouse and the daughter. The stepson, who is not adopted, does not qualify for inheritance under intestate succession. For a stepson to inherit, they must be legally adopted by the spouse. Therefore, the stepson will not receive any benefit from your mother's estate.
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