Legal Question in Wills and Trusts in Alabama

I have an estate question. My grandparents have a large estate that includes money and properties. They have a will that states their two children are to divide their assets equally. One of the children passed away. She had a husband and an adult child. Who will inherit their estate?


Asked on 9/16/10, 12:46 pm

2 Answers from Attorneys

Mari Morrison Mari Morrison

Unless stated differently, it would pass to that parent and be divided according to their will or to her survivors based on Alabama law which would be to the husband and adult child. Unless she passed after the grandparents and had a will which stated differently.

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Answered on 9/21/10, 2:04 pm
Dean Stein Harville-Stein Law Offices, LLC

First, the situation is governed by anything the grandparents Will may say about it. If the Will is silent on this issue, and if the child passed away before your grandparents, then the child's children are the only ones who will receive anything, not the spouse. If the child passed away after the parents, then it would pass according to the child's Will, if one exists, or to the surviving spouse of the child and the child's children. Would be willing to discuss further with you if you need. This response is to provide general information, is not legal advice, is not intended to constitute legal advice to the reader and should not be relied on as such, nor is it intended to create an attorney-client relationship. ALABAMA RULES OF PROFESSIONAL CONDUCT REQUIRES THE FOLLOWING STATEMENT: "No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."

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Answered on 9/21/10, 2:21 pm


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