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Death of a spouse

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thaneydtc

Junior Member
Alabama. My mother-in-law's husband has recently passed away. He has three children from a previous marriage. He left in his will that his rental houses (in his name), personal property and tools are to go to his children. My mother-in-law signed a agreement not to contest the will. She has a car that is in her name the her husband drove and a van that is in both her name and her husband's name. She also has some storage sheds with lawn equipment that they bought together. The husband had a storage shed with property he used for storage and maintenance on his rental houses. Is there a difference between personal property and community property or property that accumulated together? Is the property they held together considered his "personal property"?
 


JETX

Senior Member
thaneydtc said:
Is there a difference between personal property and community property or property that accumulated together?
First, Alabama is NOT a community property state.... so, there is NO such thing as 'community property.
Second, there is HIS property, HER property and joint owned property. Hers is hers. His goes to his estate for distribution. Joint property is disbursed based on the ownership status... and largely depends on how it is titled or proven ownership.

Is the property they held together considered his "personal property"?
No.
 

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