I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
If there is a will, it is whatever the testator wants to leave to someone. If say for instance your husband writes a will and is of sound mind when he writes his will, he can exclude you if he wants.
If there is proof that he simply forgot to put you in, your state probate code would kick in and that would determine the percentage to which you are entitled. This is usually under ommitted spouse rules.
Per the administration of estates:
Section 43-2-580
When legatee or widow entitled to compel payment.
After the expiration of six months from the grant of letters testamentary, or of administration, with the will annexed, if there are more than sufficient assets in the hands of such executor or administrator to pay the debts of the deceased, any legatee may apply to the probate court of the county in which letters were granted to compel the payment of his legacy; and a widow who has dissented from her husband's will or her personal representative, if she is dead, shall have like remedy to compel the payment of the distributive share to which she may be entitled.
(Code 1852, §1772; Code 1867, §2098; Code 1876, §2475; Code 1886, §2192; Code 1896, §260; Code 1907, §2736; Code 1923, §5975; Acts 1931, No. 726, p. 841; Code 1940, T. 61, §335.)
Probate code would automatically apply without a will.
Per the probate code:
Section 43-8-41
Share of the spouse.
The intestate share of the surviving spouse is as follows:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate;
(3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate;
(4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate;
(5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.
(Acts 1982, No. 82-399, §2-102.)
Here is the main page to estates section of the Alabama code:
http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm