What are the rights of a surviving spouse?
In Alabama, the rights of a surviving spouse depend on the type of inheritance. Generally, a surviving spouse has the legal right to inherit the deceased spouse’s assets and is considered the first in line of succession to the inheritance. This is known as the ‘right of election’. The surviving spouse also has the right to claim a ‘year’s support’ from the deceased spouse’s estate. This support is determined by a judge and is usually equal to enough money to cover the surviving spouse’s living expenses for one year, including medical bills and funeral costs. If a will is left, the surviving spouse generally has the right to receive whatever is left to them in that will, so long as it is not deemed unreasonable by the court. If there is no will, the surviving spouse is usually still entitled to a portion of the deceased spouse’s estate, known as ‘intestate succession’. Under Alabama law, the surviving spouse is typically entitled to half of the deceased’s estate, with the other half being split among the deceased’s surviving children, if there are any. Regardless of the type of inheritance, the surviving spouse also has the right to challenge the will or its interpretation in court if they feel they have been wrongly excluded or not provided for in a reasonable manner.
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