If my aunt passed without a Will and she was a widow with no kids but had stepchildren, who gets her estate?

She does a living sibling. Also, the stepchildren were not apart of her life after her husband passed.

Asked on November 20, 2014 under Estate Planning, Alabama


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  If your Aunt died with out a will that is known as dying "intestate" and the intestacy laws in the state of Alabama would apply. Under those laws her sibling would inherit everything unless she adopted the step children. If they were adopted then they stand as natural children under the intestacy laws.  But it does not sound as if they did so her sibling gets all.  I would speak with a lawyer to be sure of everyone's status and if children of deceased siblings inherit under Alabama law.  Sometimes there is a "survival" statute.  Good luck.

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