Can a surviving spouse claim an intestate estate against the wishes of other heirs?

In Alabama, a surviving spouse can claim an intestate estate against the wishes of other heirs, but it depends on the situation. If the spouse was married to the deceased at the time of death, they may be entitled to a share of the estate regardless of the wishes of other heirs. If the surviving spouse was not married to the decedent at the time of death, they may still be able to claim an intestate estate depending on the situation. The Alabama Probate Code states that if the spouse can prove that the decedent acted in a way that made it appear they wanted the spouse to inherit some of the estate, then the spouse may have a claim to it. Additionally, if the surviving spouse can prove they were contributing financially to the estate and have a legal right to do so, they may also be able to claim a portion of the intestate estate. It is important to be aware that there may be other parties with more of a legal claim to the intestate estate than the surviving spouse. These include any children the decedent may of had, their parents, and if applicable, their siblings. In these scenarios, the surviving spouse may still have a claim, but it may be more difficult to prove. In any case, it is always best to seek the advice of a qualified attorney if you have any questions or concerns about claiming an intestate estate in Alabama.

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Can a surviving spouse claim an intestate estate against the wishes of other heirs?

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