Alabama Renunciation of Legacy in Favor of Other Family Members
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How to fill out Renunciation Of Legacy In Favor Of Other Family Members?
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FAQ
Code § 43-8-70: Right of surviving spouse to elective share. (2) One-third of the estate of the deceased.
Unless it provides to the contrary, a waiver of "all rights" (or equivalent language) in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights to elective share, homestead allowance, exempt ...
Section 43-2-25 Procedure for renouncing appointment. Section 43-2-26 Issuance of letters to others named in will upon renunciation or failure to apply by one named. Section 43-2-27 Letters of administration granted in stated order on failure of executor to apply, etc.
The administrator, and executor if applicable, must take possession of the goods, chattels, money, books, papers, and records of debt of the decedent and make a full inventory. § 43-2-835.
The contestant must file written allegations that the will was not duly executed, or that the testator lacked testamentary capacity or any other valid objection. In all non-equity probate courts, a will contest must be filed un the probate court before the will is admitted to probate. ALA. CODE § 43-8-198.
Under Alabama law, a surviving spouse has a right to share in a decedent's estate. In essence, a surviving spouse's Right of Election renders it impossible to disinherit a spouse. The elective share is only available when the decedent left a valid will under Alabama law.
Wills and Decedents' Estates § 43-8-270. After the death of a testator and on request of an interested person, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court.
The personal representative of the estate of a decedent may give notice in writing to the claimant or anyone having a beneficial interest in a claim against the estate that such claim is disputed in whole or in part; if in part, specifying the part disputed.
