Cater v. Coxwell

This case presents the question of whether the right to claim the homestead allowance and exempt property provided by the recently enacted Alabama probate code survives the death of the second spouse. In other words, if a surviving spouse dies without claiming a homestead allowance or exempt property out of the pre-deceased spouse's estate, may the surviving spouse's estate make these claims?

In 1982, the Alabama Legislature enacted a probate code adapted from portions of the Uniform Probate Code. 1982 Ala. Acts 578, No. 82-399; Code 1975, § 43-8-1 et seq. This Act repealed the homestead and…