Does my Mother's step-son inherit anything from my Mother?

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: 04/07/2025
• State: Alabama

Answer:

In Alabama, the only people entitled to an intestate succession are the surviving spouse and their children. Other blood relatives are given preference after them if non-survive. The aspect of intestate property division is governed by the provision laid down 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.”
 

In this case, the only beneficiaries of intestate succession will be the surviving spouse and her daughter per Code of Ala. § 43-8-41. The stepson will not be a beneficiary in the succession. For a stepson to be a beneficiary in an intestate, the family code in Alabama requires them to be adopted by the spouse.