Legal Question in Wills and Trusts in Alabama
No Will - Alabama
is an executor of a persons estate automatically appointed if there is no will (who will appoint?). Can widow & ex-wife decide not to have estate probated if they come to an agreement? Widow (1child), ex-wife (1child). Can we decide for the children?
1 Answer from Attorneys
Re: No Will - Alabama
If there is no will, then a petition must be filed to appoint an administrator. The widow has first priority and then children. The ex-wife would have no claim to be administrator unless no one else stepped forward. If there are minor children involved who might inherit, then the court will usually appoint a neutral attorney to look out for their interests. You do not provide enough facts to determine whether or not it would be necessary to open an estate. you should consult with an attorney in your area.
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