Legal Question in Wills and Trusts in Alabama

If a married man dies without a will is his wife entitled to more than his bio children?

Asked on 3/03/11, 2:35 pm

2 Answers from Attorneys

Rodney Edmondson McLaughlin & Edmondson, LLC

Possibly, to answer your question, one must know the monetary value of the Estate and whether the children are also children of the wife or just his. If your asking for yourself, regardless of whether the answer is what you want it to be, it is best to have a will in place if you have property which will pass through your estate in that it will be much easier and cost less for your family to probate your will in Marshall County than probating your estate without a will. I would suggest speaking with an attorney who handles probate issues to advise you.

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Answered on 3/03/11, 2:53 pm
James Coleman Murchison & Howard, LLC

If there is no will, and the wife is not the mother of the children, the wife gets 1/2 and the children get 1/2 under the rules of intestacy. I have not addressed the exclusions that the wife may also get. They are relative minor.

If the wife is the mother of the children, she take all.

I agree with Mr Edmondson, talk to an attorney.

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Answered on 3/03/11, 3:14 pm


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