AL property?

[jfkapple]

What is the name of your state?What is the name of your state?GA
We reside in GA. My husband has property in Al in his name. We have 1 child,
that's married. If husband passes how will the property be divided between
husband's wife and child?

 

[seniorjudge]

Q: If husband passes how will the property be divided between husband's wife and child?

A: It will be divided the way he specifies in his will OR, if he has no will, it will be split up according to AL's intestate succession law. That law is in effect when the dead person has left no will or otherwise disposed of the property.

http://www.finance.cch.com/pops/c50s10d190_AL.asp

 

[GaAtty]

GAAtty

I respectfully disagree with the previous responder. If your husband is a resident of Georgia when he dies, the property is distributed under Georgia law, NOT under Alabama law. That means if he dies without a will, the spouse and son will share equally. That means the Ala. property will be owned by both, each 50%. If he dies with a will, it says who gets what. If the will says the son gets the Ala. property and the wife gets the rest, that's the way it will be. In Georgia, if you make a will, you can leave your stuff to whoever you want. If your husband wants to leave all his stuff to his son, he can. There would be nothing you could do. All you would get is something called "year's support", which means that you could get an amount equal to one year's living expenses from the estate (even if the son got all the money). That's all you would get. On the other hand, if your husband left you everything, the son would get nothing, and would NOT get the year's support (that's just for the spouse). Or maybe your husband would divide things up. Who knows.

 

[seniorjudge]

I respectfully disagree with the previous responder. If your husband is a resident of Georgia when he dies, the property is distributed under Georgia law, NOT under Alabama law. That means if he dies without a will, the spouse and son will share equally. That means the Ala. property will be owned by both, each 50%. If he dies with a will, it says who gets what. If the will says the son gets the Ala. property and the wife gets the rest, that's the way it will be. In Georgia, if you make a will, you can leave your stuff to whoever you want. If your husband wants to leave all his stuff to his son, he can. There would be nothing you could do. All you would get is something called "year's support", which means that you could get an amount equal to one year's living expenses from the estate (even if the son got all the money). That's all you would get. On the other hand, if your husband left you everything, the son would get nothing, and would NOT get the year's support (that's just for the spouse). Or maybe your husband would divide things up. Who knows.

Are you saying that if a person (GA resident) who owns real estate in AL dies intestate that the AL court will not decide where it goes?

If there is a probate estate set up in GA, then an ancillary estate proceeding will also have to be set up in AL. It would seem then that the AL proceeding would be governed by AL law.

What if there are no assets in GA? Then the heirs would be more likely to start a proceeding in AL only to avoid having two estates going at the same time.

We both agree on this: write a will.

 

[seniorjudge]

GA, you are correct!

http://www.library.law.ua.edu/course/current/docs/de_ab.pdf.
...
Section 43-2-629
Disposition of personal estate of foreign decedent.
(a) When administration is taken out in this state on the estate of any person who, at the time of his death, was an inhabitant of any other state or country, his personal estate, after the payment of debts and charges on his estate, must be disposed of according to his last will, if probated in this state and, if no such will is probated in this state, according to the law of the state or country of which he was an inhabitant....