Legal Question in Wills and Trusts in Alabama
Validity of Fathers Last Will and Testement
my father passed on Feb.21 2003, at that time he was divorced from my mother(of 42years).My father remarried in 1999. my Fathers will is dated 1987. I do not believe there is another one. as his will is written, his estate is willed to my mother, and us 4 children. the question is: according to Alabama Law, unless there is a new will, is the one written in 1987 still valid, leaving estate to my mother and us children, and not to the new wife since there is no new will?
1 Answer from Attorneys
Re: Validity of Fathers Last Will and Testement
Unless there is a new will, your mother is automatically disinherited and the children would get everything. Divorce automatically terminates a former spouse's rights to an estate unless there is language to the contrary in the will itself.
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