In the absence of a will, how will my dad’s property divulge on us surviving members?
My dad passed away in a car accident a week back. We are residents of Alabama state. He never had a will made for the division of his property. Four days after my dad’s demise, my elder brother too was killed in an accident a car accident. The only surviving members my family are my mother, my brother’s wife and kids and myself (his daughter). In the absence of a will, how will my dad’s property divulge on us surviving members?12/06/2016 | Category: Wills and Es... » Intestacy | State: Alabama | #27578
“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.”
Also, the Code of Ala. § 43-8-43 requires that the surviving member outlives the deceased by a minimum of five days. It reads;
“Any person who fails to survive the decedent by five days is deemed to have predeceased the decedent for purposes of homestead allowance, the exempt property and intestate succession, and the decedent's heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by five days, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the state under section 43-8-44.”
Reading both the provisions together, in the above case, the beneficiaries in the intestate division of property would be the surviving spouse and the daughter. The daughter-in-law would not receive the share that would have to be received by her husband, the son of the deceased, as he failed to survive the deceased by the minimum time prescribed in the Code of Ala. § 43-8-43.