What happens if there is no Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption