Alabama Renunciation of Legacy

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State:
Multi-State
Control #:
US-0672BG
Format:
Word; 
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Description

The term legacy has different meanings, but in a legal sense, it is used to refer to a bequest in a will. Technically, legacy does not include real property (which is a devise), so legacy usually refers to a gift of personal property or money to a beneficiary (legatee) of a will. The laws of the individual states govern the matter of wills and estates, and lay down the rules for any waiver of inheritance.

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FAQ

Generally, Wills must be filed for probate in the county where the deceased lived. WHEN MUST A WILL BE FILED FOR PROBATE? To be effective, a Will must be filed for probate within five years of the date of the testator's death.

A final settlement can be made six months from the date of the grant of Letters Testamentary or Letters of Administration.

General Requirements . To be valid, a Will must be in writing. It must be signed, dated, and witnessed ing to all the formal requirements of execution in Code of Alabama §43-8-131.

If your will is deemed invalid, it's the same as dying ?intestate,? without one. In Alabama, wills may be written out by hand. However, your will is only valid when you sign it in front of two competent people. Those people must then sign the will as your witnesses.

If probate is not filed within the given period, Alabama law will treat the estate as intestate. In other words, it will be treated as if there were no will (even if one exists), and the distribution of assets will follow the state's succession laws.

HOW LONG IS MY WILL "GOOD"? A properly written and executed Will is "good" until it is changed or revoked. Writing a second Will usually revokes the first Will. However, if there is a change in your estate or your family makeup, you may consider changing your existing Will or writing a new Will.

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Alabama Renunciation of Legacy