Detailed Answer
Under Alabama law, there is no statutory mechanism allowing an heir or surviving spouse to convert an intestate share into a life estate. Dower and curtesy—common-law life-estate rights—were abolished and replaced by a statutory intestate-share system. Estate distribution is governed by Alabama Code Title 43, Chapter 8. For example, the surviving spouse’s share in an intestate estate is set out in Ala. Code § 43-8-17. That provision does not allow for a life estate in lieu of the statutory share.
If you wish to accept a life estate rather than a fee-simple interest, all heirs or beneficiaries must agree to reallocate title by private contract. One option is a family settlement or partition agreement. In a partition action under Ala. Code § 6-6-651, a court may divide property or allot specific interests by agreement, including life estates. However, any life-estate arrangement must be documented in writing and signed by all co-owners.
Alternatively, under the Uniform Disclaimer of Property Interests Act (Ala. Code § 43-8-260 et seq.), an heir may disclaim an entire interest in property, causing that interest to pass as if the disclaimant predeceased the decedent. The statute does not permit a partial disclaimer to carve out a life estate while passing the remainder.
Helpful Hints
- Review the intestate-succession rules in Ala. Code § 43-8-17.
- Meet any deadlines for disclaimers. In Alabama, you generally must disclaim within nine months of the decedent’s death.
- Consider a family settlement agreement to reallocate title among heirs.
- In partition actions, the court may award specific interests by agreement of co-tenants under Ala. Code § 6-6-651 et seq.
- Always get written consent from all parties when restructuring ownership interests.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. For advice tailored to your situation, consult a licensed Alabama attorney.