if a family member dies in alabama, and there was no will, who gets the house?

Question

a family member passed and had no living children, but do have grand children, and a sister. She left behind a nice bank account and house.she lived in Alabama. who is entitled to it?

Answer 1

Someone who dies without a will is considered "intestate"



Any estate remaining after debts are paid is distributed according the the law of "intestate succession"



Here is a link to a page with the CODE OF ALABAMA TITLE 43. WILLS AND DECEDENTS' ESTATES. CHAPTER 8. PROBATE CODE.

http://www.sfws.auburn.edu/tufts/Probate%20Code.pdf

Answer 2

You need an attorney to open a probate proceeding and appoint an admnistrator of the estate.



Don't worry about taxes or the like. Estate taxes these days only kick in at very high amounts - in the millions. Also, there is absolutely no tax difference between the way assets are treated in probate or non-probabte.



The first poster is just dead wrong.

Answer 3

I'm in a similar situation. My mother passed when I was seven. My grandfather passed in 92, and my grandmother and aunt (who was my mother's sister) died last year. My aunt has two children younger than me. The only person that had a will was my grandfather who left a large sum of money to my grandmother, aunt, and me. He did not name my aunt's children in the will.



As it turns out my grandfather's will was never in probate, so I have had a lawyer open his will. As my lawyer has said since I am the only living person mentioned in the will I am entitled to it all. My cousin's recieve nothing.

Answer 4

I am not familiar with the specific estate laws pertaining to Alabama, but I would assume the next of kin, her sister, would inherit the estate.

Answer 5

50% goes to Probate.