What happens to my son's money since he died without a will?

Full question:

My son died leaving behind a substantial amount of money in his name. We live in the state of Alabama. He never left a will nor was he married. What will become of his money?

Answer:

If a person dies without a will in Alabama, their estate is distributed according to state intestacy laws. Since your son had no surviving spouse or children, his estate will go to his parents. According to Alabama law (Code of Ala. § 43-8-42), the distribution follows this order:

  • If there are surviving children, they inherit equally.
  • If there are no children, the estate goes to the parents equally.
  • If there are no parents, it goes to the siblings or their descendants.
  • If there are no siblings, it passes to grandparents or their descendants.

In your case, as the parents, you will be the beneficiaries and will share equally in your son’s estate.

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

In Alabama, a spouse does not automatically inherit everything. If there are surviving children, the spouse shares the estate with them. If there are no children, the spouse typically inherits the entire estate. However, the exact distribution can depend on other factors, such as whether there are surviving parents or siblings. It's important to consult Alabama's intestacy laws for specific situations. *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.*