ALABAMA WILL ATTORNEYS

A client came to me after his last surviving parent died to determine how he would obtain his share of the family estate. There was no last will and testament and one of his siblings had been appointed by the probate court as the administer of the estate. The estate consisted of property in land, cash, and an inventory of farm equipment.  There were no debts and no questions as to who should inherit the estate and in what percentages. It should have been a fairly simple process, but disputes arose between the heirs because the law required an equal distribution of estate assets, and they could not come to an agreement about the value of the estate or how to parcel out the property. This led to a multi-year probate process that proved costly, complicated, and stressful for the parties involved. Instead of leaving a valuable legacy to children and grandchildren, the failure to create a solid estate plan fueled feelings of animosity among siblings and led to thousands of dollars lost in legal fees and other estate expenses. Just having a simple last will and testament would have likely avoided this result.

How can having a last will and testament streamline the probate process?  First, having a last will and testament allows you to appoint the person that you want to be in charge of your estate. This person, known as the Personal Representative, will be responsible for carrying out the instructions in your last will and testament. Naming the person yourself mitigates against court challenges as to whom the appropriate person should be. Additionally, you can provide a clear plan for property distribution in your last will and testament. If your estate consists of multiple parcels of land or valuable personal property like jewelry, antiques, or farm equipment, then each item or group of items can be gifted through the clear instructions in your will. Furthermore, you can exempt your personal representative from certain requirements and expenses in your last will and testament. Doing so makes the process more cost effective, faster, and results in less court supervision for certain duties and responsbilities. Some considerations that we take into account when drafting thorough legal documents include:

• Personal Representative – We can draft provisions exempting your personal representative or executor from having to post a bond or file an inventory.
• Property – Our estate planning lawyers will provide legally sound instructions for the distribution of all of your valuable property including land, jewelry, art, or other family objects.
• Cash and other financial assets – We provide advice with respect to the distribution of financial assets; most often this can be accomplished outside of probate.  Contact us to find out how.

You should not attempt to formalize a last and will and testament without the assistance of a licensed attorney.  Errors in drafting can invalidate your will.  Common mistakes include:

• Capacity – A person must be at least 18 years of age and of sound mind to make a will in Alabama.
• Witnesses – A will must be signed by the testator (person making the will) and in the presence of two witnesses who must also sign the document.
• Conflicting or Ambiguous Language – Lack of organization or poorly worded language can leave the will open to interpretation or invalidate parts of the will.
• Self-proving formalities – While not required under Alabama law, ensuring compliance with the formalities of making the will a self-proving document will greatly simplify the beginning of the probate process.

If you have minor children or parental responsibilities towards grandchildren then you need language in your will to provide for their care and support.  We can draft clear instructions that comply with Alabama law while taking your desires into consideration. Some techniques we can employ include:

• Testamentary Trust for minors – We can provide provisions in your will to create a trust for property due to young heirs in order to manage their affairs until they reach the age of majority.
• Guardianships – Our Alabama guardianship attorneys will draft clear instructions for the physical and legal care of your minor children should you and the other parent pass away.

At Southern Estate Lawyers, we also recognize that estate plans, including your last will and testament may need to be modified with changing circumstances.  If you already have a will, but have not looked at it in a while, you may realize that you need to make some changes.  We recommend a review at least every five years or if you or any of your heirs experience the following:

• Death of a spouse or beneficiary
• Divorce of a spouse or beneficiary spouse
• Beneficiary reaches age of majority
• Significant increase or decrease in income
• Significant change in health
• Any other major life event affecting your financial situation 

Having a last will and testament will not avoid probate, and will not guarantee against challenges and objections by heirs or other interested parties. A properly drafted last will and testament that complies with the formalities of Alabama law will however mitigate against many of these risks and provide certainty to your heirs as to how you want your estate administered. Failing to have a last will and testament will result in a court administering your estate per a rigid set of rules spelled out in Alabama statutes. Why would you want the court to decide how your property is distributed?  Avoid this mistake by contacting us today. Our firm is here to listen to your concerns and answer your questions. We are available for phone consultations, web meetings, or in person.  Don’t hesitate, contact us today!