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 living spouse has the right to share in a decedent’s estate. However, a surviving spouse may not be allowed in disinherit a spouse. This right of elective share is applicable only if there is a will left by the decedent and without it, the surviving spouse will inherit the estate under the intestacy laws, without the requirement for an elective share. Ala. Code § 43-8-70 provides that an elective share must be the either the entire decedent's estate reduced by the value of the estate of the surviving spouse or one-third of the decedent's estate, whichever is lesser.Ala. Code § 43-8-70 reads:
“(a) If a married person domiciled in this state dies, the surviving spouse has a right of election to take an elective share of the estate. The elective share shall be the lesser of:
(1) All of the estate of the deceased reduced by the value of the surviving spouse's separate estate; or
(2) One-third of the estate of the deceased.
(2) One-third of the estate of the deceased.
(b) The “separate estate” of the surviving spouse shall include:
(1) All property which immediately after the death of the decedent is owned by the spouse outright or in fee simple absolute;
(2) All legal and equitable interests in property the possession or enjoyment of which are acquired only by surviving the decedent; and
(3) All income and other beneficial interests:
(2) All legal and equitable interests in property the possession or enjoyment of which are acquired only by surviving the decedent; and
(3) All income and other beneficial interests:
a. Under a trust;
b. In proceeds of insurance on the life of the decedent; and
c. Under any broad-based nondiscriminatory pension, profit-sharing, stock bonus, deferred compensation, disability, death benefit or other such plan established by an employer.
b. In proceeds of insurance on the life of the decedent; and
c. Under any broad-based nondiscriminatory pension, profit-sharing, stock bonus, deferred compensation, disability, death benefit or other such plan established by an employer.
(c) If a married person not domiciled in this state dies, the right, if any, of the surviving spouse to take an elective share in property in this state is governed 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.
