Legal Question in Wills and Trusts in Alabama

What legal right does a spouse have if the father of her dead husband passes away? Does she receieve his part of his Father's estate?

Asked on 9/25/12, 3:47 pm

1 Answer from Attorneys

C. Terry Gregg, Jr. Law Offices of Terry Gregg, LLC

If I understand your question correctly, you are asking about the following scenario:

Husband and Wife are married. Husband Dies. Sometime later, Deceased Husband's Father dies.

It first depends on whether or not there is a will-and if so, is Wife named as a beneficiary? If there is a will and she is named, she receives/takes what is left to her per the terms of Father's will.

If there is no will and no other extenuating circumstances are present, Wife has absolutely no claim to Father's estate under the laws of Alabama. If there are children born of the union of Husband and Wife, they may have a claim, but Wife doesn't.

Remember, this is if no other circumstances exist which could change this answer. Go see an attorney to make sure.

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Answered on 9/25/12, 4:42 pm

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