Estate Planning Attorney in Spanish Fort, Alabama

Do I Really need a Will?

A Last Will and Testament is often the cornerstone of most any estate plan. Unless you are confident that your heirs will be able to reach an amicable agreement as to who gets what, our firm recommends that you consult an attorney in drafting this document. 

A Last Will and Testament ensures that your property is disposed of in the way that you wish, thereby removing the burden of your children being forced to make that decision unanimously.

In the event that your children can not reach an agreement, the Probate Judge will order that the property be divided pursuant to the Alabama Laws of Intestate Succession. Usually at this point, several thousand dollars will have been poured into surety bonds, court costs, and attorney fees.

How do I Draft a Last Will and Testament?

In order for a Last Will and Testament to be valid in Alabama, it must be:

  • In writing (Alabama does not recognize “Holographic Wills”),
  • Signed by the Testator, and
  • Witnessed by two (2) people in accordance with state law.

How Does a Will make it Easier on My Loved Ones?

Minimizes Financial Burden

  • Should you end up in probate court, certain probate procedures can be bypassed through a properly drafted Will. 
  • Specifically, an attorney who is familiar with Title 43, otherwise knows as the “Alabama Probate Code”, can include langauge that exempts the court from undertaking otherwise required procedures that can involve hundred or thousands in attorney fees and court costs.
  • A will can exempt a personal representative from posting a surety bond
  • A will can exempt a personal representative from seeking court approval for (e.g. selling property to pay for bills, etc.)
  • A will can exempt a personal representative from submitting annual reports and inventories, which in turns, saves the estate significant funds​​.

Minimizes Emotional Toll on Families

  • Family members are not left to dealt with having to decide “who gets what”.
  • Financial consequences associated with opening an intestate estate (the type of probate procedure when no will exists) would otherwise not apply. 
  • A will can exempt a personal representative from posting a surety bond
  • A will can exempt a personal representative from seeking court approval for (e.g. selling property to pay for bills, etc.)
  • A will can exempt a personal representative from submitting annual reports and inventories, which in turns, saves the estate significant funds​​.

What Happens to My Property If I Die Without a Will?

When a person dies without a Will and it is determined that opening a probate estate is necessary, the decedent’s property will be distributed in accordance with the laws of intestate succession found in the Alabama Probate Code. The rules provide that if a person dies without a Will, their estate shall be distributed as follows:

  • If the Decedent had no surviving issue or surviving parent at the time of his death, the entire estate goes to the surviving spouse.
  • If the Decedent had no surviving issue but had a surviving parent or parents, the first $100,000.00 in value goes to the surviving spouse and the rest is split 50/50 among the surviving spouse and parent(s) of decedent.
  • If the decedent has surviving issue, all of whom are also surviving issue of the surviving spouse, the spouse shall receive the first $50,000.00 in value and the rest is split 50/50 among the surviving spouse and issue of decedent.
  • If the decedent has surviving issue one or more of whom are not issue of the surviving spouse, the estate is split 50/50 between the surviving issue and surviving spouse.

When do I need to update my Will?

It is a good idea to consider updating your Will if you have any significant changes in your family makeup or estate. Getting married or obtaining new assets are common reasons that a person will consider updating their Will. In fact, even the Department of Homeland Security recommends that everyone have a Last Will and Testament that it is updated regularly.

Can I change my Will after it is written?

Yes. A Will is modifiable. Simply modifying the Will can often be a better option than drafting a new Will. A modification, otherwise known as a “Codicil”, must follow the same requirements as drafting a Will, generally. It is also very important to retain the original will and make reference to it in the Codicil.

CAUTION: If you are considering changing your Will, it is highly recommended that you consult with an attorney first.

How much does it cost to draft a Last Will and Testament in Alabama?

If you hire an attorney, the cost of the Will is typically determined by the size of the estate and how you want the property distributed among your beneficiaries.

Generally, a person can expect to pay an attorney between $300.00 and $500.00 for a simple will in Alabama.

Why Should I Hire an Alabama Attorney to Prepare my Last Will and Testament?

Even in our era of technology, nothing will ever replace meeting with your attorney in person and discussing your case. Invariably you will have questions that your attorney will need to answer. And when dealing with long term planning, it is very important that your attorney get to know you so he can recommend the best course of action that suits your goals.