Estate planning is the most effective method of ensuring your property and assets are distributed according to your wishes. Wills and trusts allow you to take control of your estate and provide for your family. The probate process is complex and can take several years. At Brad Green Law, our primary objective is to simplify estate administration and provide the necessary resources to make sound decisions.
Requirements for a valid will vary from state to state. In Alabama, a court will recognize a will if:
The person making the will, the testator, is at least 18.
The testator has the mental capacity to make reasonable decisions.
It is signed by the testator or another person at the direction and in the testator's presence.
It is signed by a Notary and at least two witnesses.
It is in writing.
A will can be revoked by a subsequent will expressly or through inconsistency. It may also be revoked through a physical act, such as burning, tearing, or obliterating it. The testator or another person may perform the physical act in their presence and by their consent, provided that at least two witnesses are present.
Contesting a will can be contentious and financially burdensome. Under intestate succession laws, any interested party or anyone who would have been an heir or distributee can contest a will in writing. Common objections include improper execution and the testator's unsoundness of mind. If you have concerns regarding the validity of a will, you should seek assistance from a reputable Birmingham attorney.
If you die without a valid will, state intestacy laws determine who gets your property and assets. Intestate succession laws distribute property among surviving spouses, children, parents, and relatives. If there are no eligible distributees under the intestate provisions, the entire estate escheats or passes to the state of Alabama.
A living trust is another way to protect your property. It is created while you are alive and allows you to transfer title to a trustee. Trusts allow you to control your assets and designate who receives the benefits. The primary advantage of a living trust is the ability to avoid the probate process.
Depending on your circumstances, you can create a trust suited to your needs. For example, a special-needs trust can benefit a loved one with a disability. You can also designate a charitable organization as a beneficiary of your trust. The attorneys at our Birmingham law firm are dedicated to helping you plan for the future and provide for your loved ones.
At Brad Green Law, we work hard to help you preserve your legacy and plan for the future. Please schedule a consultation with one of our estate administration lawyers to assess your situation and develop an advantageous strategy for your family. We meet with clients at our office locations in Birmingham and Blount County. Call us at
205-937-3687
or
contact us online today.
Speak directly with our experts – call 205-937-3687 today.
Contact Information
Phone: 205-937-3687
Email: brad.green.esq@gmail.com
2000A Southbridge Parkway Birmingham Alabama 35209
121 First Avenue East, Suite 201 Oneonta, AL 35121
"No representation is made that the quality of legal services performed is greater than those of other lawyers."