My father is survived by me, his son from his first marriage, and spouse and two daughters from his second marriage. How will the property be divided?
My father died intestate in the year 2012. He was survived by me, his son from his first marriage, and spouse and two daughters from his second marriage. We never thought about the property division back until my step decided to move to Texas from Alabama. My father was worth a total of $ 4 million dollars out of which the value of the marital home is valued at $ 1.8 million dollars. How will the property be divided among the surviving members of the family?12/06/2016 | Category: Wills and Es... » Intestacy | State: Alabama | #27576
“The intestate share of the surviving spouse is as follows:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $ 100,000.00 in value, plus one-half of the balance of the intestate estate;
(3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $ 50,000.00 in value, plus one-half of the balance of the intestate estate;
(4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate;
(5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.”
Per the above provision, in the given case, the surviving members shall get their share in the following manner:
1. The marital home shall belong to the shall go to the surviving wife.
2. The surviving spouse shall also be entitled to half of the remaining property worth $3.2 million dollars.
3. The children shall be entitled to equal share in the remaining half of the property worth $3.2 million dollars.