Legal Question in Wills and Trusts in Alabama

Re: Inheritance

You didn't say which state your son and his grandmother consider their official state of residence. If both are here in Alabama, the Alabama Code dictates what is called "descent and distribution" when a person dies without a will or living trust. First, if she had a will and did not include him, he has been disinherited and has no claim for a share of her estate. Spouses can take an elective share of their departed spouse's estate and occasionally a child can claim that their were "pretermitted" or left out of a will by mistake but there is no presumption that a grandchild would be included. Section 43-8-91 talks about pretermitted children but does not include grandchildren. Your son could of course challenge the validity of the will itself, if there was some question about it and then could possibly take under the laws of intestate succession, but that is more detailed than we have time for now.

If grandmother died without a will or if her will is later proved to be invalid, then section 43-8-42 allows each of her children to receive equal shares, and if the child predeceased the grandmother, then his/her share would pass to the grandchildren equally. So from what you have told me, your son probably has a claim to some portion of the estate. Please be aware that I have given you a synopsis of the law in this state based upon the facts you shared. This is not legal advise but simply an overview. If you want legal advice that you can count on, I encourage you to meet with and retain the services of a competent attorney, preferably in the county where Grandmother died.

Re: Inheritance

1. If grandmother died intestate and a resident of Alabama at the time of her death, then under Alabama law, your son is entitled to his mother's share of the estate.

2. If grandmother died testate (with a will), whether or not your son is entitled to anything will depend on what the will says. For example, if grandmother left her property to her "children, in equal shares, per stirpes", that would mean that your son would take his mother's place in any distribution. However, if grandmother left nothing to your son's mother, then your son may not be entitled to a portion of grandmother's estate. His only chance of inheriting in that situation would be if he were able to successfully challenge grandmother's will on grounds of incompetence or undue influence, thus causing grandmother's estate to be distributed pursuant to intestacy statutes.

I would encourage you to check with the Probate Judge's office in the county where grandmother lived to see if her will has been submitted for probate. If so, it is a public document, and you may go to the courthouse to read the will. I would further encourage you to consult with an attorney who handles probate matters in the county where grandmother lived to further discuss your son's rights regarding his grandmother's estate.