What happens if there is no Will?

UPDATED: Sep 11, 2011

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What happens if there is no Will?

My fiance passed away recently from a motorcycle accident. There is no Will known of. He was partners in a business, owned 3 vehicles, a boat, and his mother and he were both on the deed to the house. Can the family dispose of his property or try to push their way into the business with out going to probate? He had his mother, father (divorced) and a brother still alive.

Asked on September 11, 2011 under Estate Planning, Alabama


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

Answered 11 years ago | Contributor

I am so sorry for your loss.  If he dies without a Will then he died what is known as intestate.  The intestacy laws of the state of Alabama will govern how his estate is divided.  His parents will have to have an Administrator (personal representative) appointed for any of the assets of his estate that did not pass to someone automatically upon his death. I say that because it is unclear if the house that he owned with his Mother was owned with rights of survivorship.  If it was then it does not go through probate.  If it is not then half of the value is included in his estate. Same holds true for the cars.  As for the business, was their a partnership agreement?  That will govern.  Good luck.

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