zxcvbob said:
...Y'all should make sure the gun passes from the estate directly to you ("intestate") and not to MIL first. That's pretty easy to do.
Nope, it doesn't work that way at all.
[1] Intestate succession is not some informal dividing up of the decedent's property amongst the relatives. It's a highly formalized procedure.
[2] First, someone has to go to the proper court and apply to be named the administrator of the decedent's estate.
[3] Once the court has issued an order designating someone as the administrator, that person proceeds to a account for the assets of the estate. He or she then uses those assets to pay any remaining debts of the decedent and any taxes due. This is all done under the supervision of the court.
[4] After the debts and taxes are paid, the administrator, under court supervision, will distribute any remaining assets to those relatives
entitled under the applicable statutes to a share of the estate. Only those relatives specifically identified in the applicable statutes are entitled to a share of the decedent's property, and only in the proportion set out in the applicable statutes.
[5] Under Alabama law, the surviving spouse shares in the estate as set out in Section 43-8-41 (
http://www.legislature.state.al.us/CodeofAlabama/1975/43-8-41.htm). Those other relatives described in Section 43-8-42 (
http://www.legislature.state.al.us/CodeofAlabama/1975/43-8-42.htm) share as set out in that statute.
[6] Under Alabama law, in-laws don't get anything by intestate succession.
[7] Often, if there's not a lot of property involved, the relatives don't bother with the formalities and just divide everything up. That usually works out as long as no one complains. But that is not intestate succession.
[8] zxcvbob, as you pointed out in post 11, you are not a lawyer.
zxcvbob said:
The estate is handled pretty much however the executor says it is handled unless the family contests something. (insert obligatory "IANAL")
....If MIL is the executor, that should be good enough right there. If not, the executor should honor the request and see that they go to you. You may or may not get anything else. ...
Nope, wrong again.
[1] There is no executor unless there is a written will.
[2] The will designates who should be the executor, but that person is not the executor unless and until the will is admitted to probate in the proper court and the court issues Letters Testamentary recognizing that person as executor.
[3] The executor then pays debts and taxes under court supervision.
[4] The executor then handles, again under court supervision, distribution of the assets of the estate in accordance with the terms of the written will.
[5] Under Alabama law, "Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this chapter [the rules applicable to intestate succession]." Section 43-8-40 (
http://www.legislature.state.al.us/CodeofAlabama/1975/43-8-40.htm)
[6] As noted above, an in-law does not share in the decedent's estate under the intestate succession rules.
[7] And again you remind us that you are not a lawyer.
