AL Bar Practice Questions - Alabama Bar Examination Exam

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Under Alabama law, a married person dies intestate survived by a spouse and by two children who are also the children of the surviving spouse. Under the Alabama Probate Code, how is the intestate estate distributed?

The surviving spouse takes the entire estate The surviving spouse takes the first $50,000 plus one-half of the balance; the children share the remainder The children take everything and the spouse takes a statutory elective share only The estate is divided equally per stirpes among the spouse and children

Correct Answer:

The surviving spouse takes the first $50,000 plus one-half of the balance; the children share the remainder

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