Cater v. Coxwell
In Cater v. Coxwell, 479 So.2d 1181, 1183 (Ala. 1985), the Alabama Supreme Court addressed whether exempted property rights automatically vest in a surviving spouse or if the spouse must actually claim those rights while living to ensure that they later pass through her estate. Id. at 1181.
The court commented on the extent of the estate only in passing. It noted, "once these exempted property interests are awarded to the surviving spouse, they are fee interests." Id.