No one wants the State of Alabama deciding who gets their property—or who raises their children. Yet that’s exactly what can happen if you pass away
without a will (intestate). Understanding how intestacy works can help you protect your family and avoid surprises, especially in
blended families or long‑term partnerships.
The
estate planning attorneys at Steele Ritchie LLC help families in Mobile create plans that reflect their wishes—not a default statute.
What Alabama’s intestacy laws generally do
When someone dies without a will, Alabama’s intestacy laws decide who inherits. In broad strokes, the law prioritizes
spouses and biological/legal children, then other close relatives. While that sounds straightforward, the results can be very different from what you intended—especially with stepchildren, second marriages, or estranged relatives.
Married with children, married without children, and unmarried partners
- Married with children: Your spouse and children typically
share the estate. That may not align with your goals if you intended your spouse to be fully secure first, or if you wanted to protect children from a prior marriage.
- Married without children: Your spouse may share the estate with other relatives (like parents or siblings) depending on the property.
- Unmarried partners:
Unmarried partners generally do not inherit under intestacy. Without a will or trust, a long‑time partner can be left with nothing.
- Blended families: Stepchildren are
not automatically heirs unless legally adopted. This is one of the most common—and painful—surprises.
Why beneficiary designations don’t replace a will
Some assets transfer outside a will or probate—like life insurance, retirement accounts, and certain joint accounts. If those
beneficiary designations aren’t updated after marriage, divorce, or births, assets may go to the wrong person. Coordinating your will (or trust) with updated designations is essential.
When a living trust can help
A
revocable living trust can:
- Avoid probate, keeping distributions private and (often) faster.
- Provide continuity if you become incapacitated.
- Allow you to
stage distributions for young or vulnerable beneficiaries.
You’ll usually still have a
“pour‑over” will as a safety net for assets not titled to the trust.
The essential documents most families need
- Last Will & Testament (guardians for minors, your personal representative, and distributions)
- Durable Financial Power of Attorney (who can manage finances if you can’t)
- Advance Directive/Healthcare Proxy (who makes medical decisions, end‑of‑life preferences)
- Living Trust (when privacy, speed, or control are priorities)
How often should you update your plan?
Review every
3–5 years or after major life events: marriage, divorce, births/adoptions, death of a beneficiary, substantial changes in assets, or a move.
Ready to take control?
An estate plan is about clarity, care, and protecting the people you love. If you’re in Mobile or Baldwin County and want to create (or update) your plan,
contact Steele Ritchie. We’ll help you choose the right tools—so your wishes, not Alabama’s default laws, guide the future.
