Legal Question in Wills and Trusts in Alabama
Father inlaw's will
My Father inlaw passed away in december of 07. He did have a will but it was written 28 years ago at the time of this second marriage. The will leaves 2 pieces of property to my wife. One is the house that he and the second wife lived in but the will states that she can live in there rent free until she remarries or dies. The wife is threating to contest the will because all she got was money. Can she do this? Both pieces of propety where purchased before the marrige and she is not listed on either deed.
1 Answer from Attorneys
Re: Father inlaw's will
Spouses are entitled to what is called the Elective Share in Alabama, so yes, she could elect to accept a statutory amount of the estate instead of whatever inheritance she received. It is generally the first $50,000 and a portion of the rest of the estate, depending upon the number of kids etc. If you can show that she received an equivalent sum as an inheritance, she might not benefit from accepting any elective share. She isn't entitled to anything other than this. To actually contest the will however, she would have to show fraud, duress etc. You need a lawyer so find one convenient to your zip code.
William G. Nolan
www.NolanElderLaw.com
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