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Alabama Estate Planning Attorney

From my experience most people who have money want to keep it. Some people want to keep it and even pass it down to their family one day. This can be a complicated situation…not necessarily a “legally” complicated situation, but one that requires a lot of personal thought. Choosing a trusted Alabama Estate Planning Attorney to draft a basic estate plan that includes a Last Will and Testament, Advanced Directive for Health Care and Power of Attorney will get you miles ahead of the game.

How can an Alabama Estate Planning Attorney help me?

An Alabama Estate Planning Attorney can help get you started with a basic estate plan. It is recommended that a person have the following three documents in order:

  1. Last Will and Testament
  2. Advanced Directive for Health Care
  3. Power of Attorney

Last Will and Testament

A Last Will and Testament is the first part of the Clifton Firm’s basic estate place.

A “will” a signed document that outlines a person’s wishes regarding the disposition of their property when they die. Simply put, a Will is a person’s one and only shot in being heard beyond the grave. The concept of the Will dates back to the beginning of time and it is one of the oldest institutions in all of human kind. There is even biblical authority that provides a compelling argument for estate planning:

Proverbs 13:22 states that: “A good person leaves an inheritance for their children’s children,but a sinner’s wealth is stored up for the righteous”.

On a sterner note, 1 Timothy 5:8 states: “Anyone who does not provide for their relatives, and especially for their own household, has denied the faith and is worse than an unbeliever”.

While I certainly do not intend to weaponize Scripture for my own financial gain, I believe the foregoing verses, if nothing else, at least help put into perspective the historical significance towards the concept of estate planning.

What types of things do I put in my Last Will and Testament?

  • The names of your beneficiaries. Simply put, you need to name the persons whom you wish to leave your estate to. Don’t list just their first names. If you leave your estate to Billy, any one named Billy could file an action to seek whichever share of your estate was left to Billy. It is best to include their full name, address, or other identifying information that clearly manifests the identity of your beneficiary.
  • The names of your legal heirs. Under Alabama probate law, legal heirs are typically defined as your spouse and children (whether deceased or living). It is advised to include all known heirs in your will, whether or not you intend on leaving them a share of your estate.
  • Specific bequests, if any. If you want to leave someone something specific, you need to make sure that you describe that item with reasonable particularity. This will also prevent a lot of conflict among your children (or other heirs) when faced with the decision of who gets what, especially you leave items of particular sentimental value.
  • Adding a residual estate clause. Anything that is not covered by a specific request should be added to the residuary clause in your Will. This is similar to a “catch-all” provision.
  • Nomination of your executor. This should be someone you trust who can impartially fulfill the duties and obligations in administrating your estate. During the probate administration, your executor (also known as a personal representative), will be held accountable for safeguarding your estate to ensure the beneficiaries receive their due share. Your executor can be also be a beneficiary. Deciding who to nominate as your executor is a personal choice. An Alabama Estate Planning Attorney can provide insight if you have trouble making this decision.
  • Whether you want minimal supervision by the court. A will cannot completely skirt judicial supervision, but it can minimize some aspects if the right language is used. Having a will that allows the executor to act with discretion regarding certain tasks can minimize the time your estate will stay in probate. As a result, this will generally cut down on the legal expenses associated in settling your estate. An experienced Alabama Estate Planning Attorney can help you save money in the long run.

How often should I update my Last Will and Testament?

There is no specific rule of thumb for how often you should update your Will. However, here are few reasons why a person should consider having their will updated:

  • You have more children. If your current Last Will and Testament fails to include a child, you need to make sure there are provided for in the will if you wish for them to inherit your estate.
  • You change your mind. You can always update your Last Will and Testament if you want to change any aspect of it. Whether you want to add beneficiaries, remove beneficiaries, change a bequest, add a different executor nomination, etc.
  • You move to a different state. Although most states will recognize an out of state Last Will and Testament, there is no guarantee that 100% of the will is going to be in compliance with the law of the state that you move to. In addition, it is important to have the two witnesses to your will available to come to court if required to help authenticate your will.
  • Unavailable witnesses. In Alabama, a Last Will and Testament must be signed and attested by two (2) witnesses. If the witnesses die or are otherwise unavailable to attest to the authenticity of the will, the will cannot be probated.
  • You accumulate additional property. If you accumulate additional property that you intend to bequest to a particular beneficiary, you need to make sure it makes it into your Last Will and Testament. Otherwise, it becomes part of your residual estate and either the beneficiaries must agree to its disposition or the property might become ordered to be sold by the probate judge.

Advanced Directive for Health Care

An Advanced Directive for Health Care is a type of estate planning document that consists of two documents: (1) a living will and (2) health care proxy.

  1. A Living Will is a document that that establishes a patient’s wishes concerning life saving treatment should the patient become incapacitated or otherwise unable to speak for themselves.
  2. A Health Care Proxy gives another person the power to make important health care decisions for the patient should they become incapacitated or otherwise unable to speak for themselves.​
    • A Health Care Proxy’s authority is limited only to decisions regarding medical care in the event that you become incapacitated. Other decisions, including financial, business, etc. would be handled through a Power of Attorney, a separate estate planning tool.  

An Advanced Directive for Health Care removes the burden of forcing loved one’s to choose for you.

Advantages of an Advanced Directive for Health Care

  • Peace of mind knowing that your wishes concerning end of life treatment will be executed nd put into effect
  • The burden in deciding whether to undergo certain medical treatment is not left to your spouse or next of kin.
  • Doctors and hospitals are legally bound to follow the instruction left by the patient’s Advanced Directive for Health Care.

Power of Attorney

A power of attorney, also known as a “POA”, is a legally binding document that appoints a third party to act on behalf of another persons for financial and legal decisions.

A power of attorney comes in several different forms: general, limited, and springing. Whether an individual wants to give someone power of authority for everything or only limited things will determine which POA they choose. If someone wants their power of attorney to go into effect only when they become incapacitated then they will want a “springing” POA.

Why you should consult an Alabama Estate Planning Attorney

The probate process sucks and you should try to avoid it. It’s a pain and it costs a lot of money. The will won’t avoid the probate process but it will make it a whole hell of a lot easier. For one, a Will can make it so that you don’t have to post a bond or spend time and money on inventories and annual reports. It’s seriously a pain probating an estate when the person had no will and multiple children. Everyone ends up fighting and automatically thinks everyone is out to get them. It really only helps outs the lawyers run their bills up. It is always cheaper to probate an estate with a will that was drafted properly than an intestate estate.

As an Alabama Estate Planning Attorney, the first thing I always ask when someone approaches me about probating their loved one’s estate is whether there is a Will!

Looking for an Alabama Estate Planning to draft your will?

Our firm believes that a basic and comprehensive estate plan should contain a Last Will and Testament, an Advanced Directive for Health Care, and Power of Attorney.

If you are looking for an Alabama Estate Planning Attorney in Spanish Fort or Mobile, Alabama, reach out to Brennan R. Clifton, Attorney at Law, at 251-422-6417 and we can get you started.