Full question:
My husband was domiciled in Alabama and passed away two months back. I wanted to know, with regards to his properties, would I be given the ownership of it? Can I decide what share of his properties should be given to me even when he has left a will?
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: Alabama
Answer:
In Alabama, a surviving spouse has rights to a deceased spouse's estate. If your husband left a will, you cannot be completely disinherited. You have the right to an elective share of his estate, which is either one-third of the estate or the total estate value minus your own separate estate, whichever is less. If there is no will, you would inherit under Alabama's intestacy laws.
Ala. Code § 43-8-70 outlines the elective share as follows:
- If a married person dies, the surviving spouse can elect to take an elective share of the estate.
- The elective share is the lesser of:
- All of the deceased's estate, reduced by the value of the surviving spouse's separate estate, or
- One-third of the deceased's estate.
Your separate estate includes all property you own outright, any legal interests acquired by surviving your spouse, and certain benefits from trusts or insurance policies.
For a married person not domiciled in Alabama, the right to an elective share is determined by the law of the decedent's domicile at death.
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.