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Have Spouse --- But No Will

If you don't have a Will then Alabama Law has written one for you --- take a peek here.

If you pass away without a Will (without a Will is called "intestate" and with a Will is called "testate") in Alabama the following is a partial listing of what happens:

  • If you have a spouse and children who belong to you and also those children belong to your spouse - then your spouse inherits the first $50,000 of your estate, plus 1/2 of the balance and your children inherit the remaining.
  • However, if you have a spouse and children who are not that spouse's children - then the spouse inherits 1/2 of the estate and the children inherit 1/2 of the remaining.
  • If you do not nominate someone in your will to act as the Guardian of your children then the Court determines who is the best Guardian for your children if no natural parents are left to parent your children.
  • If you have a spouse, but NO children, then your spouse inherits the first $100,000.00 of your estate and ½ of the rest, and your parents receive the balance.

There are many other issues to consider and exceptions to the above stated laws for which we would advise you to seek qualified legal counsel.



McCartha Law Firm, LLC

Huntsville Office
100 Jefferson St. S., Suite 200
Huntsville, AL 35801
Phone: 256-270-4233
Fax: 256-270-0782
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Phone: 334-265-1919

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