If you are married, with no children, and your parents are deceased your spouse will take the entire estate.
If you are married and you are survived by a parent(s) your spouse will take the first $100,000 plus half of the remaining estate.
If you are married and you have children that belong to you and your current spouse, your spouse will take the first $50,000 plus half of the remaining estate.
If you are married and have children from a previous partner your spouse will take half of the estate. (Alabama Code § 43-8-41)
If that's not how you want your property divided, then you need to have a will. Call if I can help. -James Fancher (205)912-8247
Blankenship Harrelson, LLP
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