How Are Proceeds Divided Among Multiple Heirs When Some Predecease and Their Spouses or Children Succeed Them?
1. Detailed Answer
Under Alabama law, intestate property (property of a person who dies without a will) passes to the decedent’s “heirs” by class and branch. When a designated heir dies before the decedent, the heir’s children — not the heir’s spouse — step into the decedent’s share per stirpes (by representation). Alabama Code § 43-8-44 governs this process.
Step 1: Identify the Inheriting Class. If the decedent left lineal descendants (children, grandchildren, etc.) but no surviving spouse, all property passes to those descendants. If a surviving spouse exists, see separate rules in § 43-8-42 and § 43-8-43, but the method of representing a predeceased child remains the same.
Step 2: Allocate Shares to Each Child. Divide the decedent’s share allotted to the child class equally among all children who survive the decedent. For example, if the decedent had three children, each child’s share is one-third.
Step 3: Apply Representation for Predeceased Children. If a child predeceased the decedent leaving one or more descendants (grandchildren of the decedent), those grandchildren take the entire share that their parent would have received, divided equally among them. Alabama Code § 43-8-44: “Succession of Issue by Representation”.
Example:
- Decedent’s children: A, B, C.
- B died before the decedent and left two children, D and E.
- C died before the decedent without surviving descendants.
Step 1: Allocate one-third of the estate to each of A, B, and C.
Step 2: B’s share passes in equal parts to D and E (each receives one-sixth).
Step 3: C has no descendants, so C’s one-third share is reallocated equally among all surviving heirs by representation, per Ala. Code § 43-8-44. A, D, and E each end up with one-quarter of the estate.
2. Helpful Hints
- Understand per stirpes (by representation): Only children or further lineal descendants of a predeceased heir inherit in that heir’s place.
- Spouses of predeceased heirs do not inherit under Alabama’s intestacy law unless they are also lineal descendants.
- Identify and list all lineal descendants before calculating shares.
- If no descendants exist, property passes to the next class (siblings or parents) under Title 43, Chapter 8.
- Consult the county probate court for petitions and formal distributions.
- Consider hiring a probate attorney to navigate complex family structures and avoid distribution disputes.