Estate Planning

Why Estate Planning Matters

Estate planning is the process of arranging for the management and distribution of your assets and personal affairs — both during your lifetime and after your passing. Without a plan in place, Alabama's default laws will determine what happens to your property and, in some cases, who makes decisions on your behalf if you are unable to do so yourself.

Regardless of the size of your estate, having a clear and legally valid plan in place provides peace of mind for you and your loved ones. It also reduces the likelihood of disputes and confusion at an already difficult time.

Estate Planning Documents We Assist With

Last Will and Testament

A will is the foundational estate planning document. It specifies who should receive your property, who should serve as executor of your estate, and — if you have minor children — who you wish to serve as their guardian. In Alabama, a valid will must meet specific formal requirements under the Alabama Probate Code (Alabama Code Title 43).

Trusts

A trust allows you to transfer assets to a trustee to be held and managed for the benefit of your named beneficiaries. Trusts can serve a variety of purposes, including avoiding probate, providing for minor children or individuals with special needs, and managing assets over time. We can discuss whether a revocable living trust or other trust arrangement may be appropriate for your circumstances.

Durable Power of Attorney

A durable power of attorney designates a trusted person (your "agent") to make financial and legal decisions on your behalf if you become incapacitated. Without one, a court-supervised guardianship or conservatorship proceeding may be required — a process that is both time-consuming and costly.

Healthcare Power of Attorney & Advance Directives

A healthcare power of attorney designates someone to make medical decisions on your behalf if you are unable to do so. An advance directive (sometimes called a living will) allows you to express your wishes regarding end-of-life care. Alabama's Natural Death Act (Alabama Code § 22-8A-1 et seq.) governs these documents.

Who Needs an Estate Plan?

Estate planning is not reserved for the wealthy or the elderly. Consider speaking with an attorney if you:

• Own real estate or other significant assets
• Have children, particularly minor children
• Have a spouse or domestic partner
• Have specific wishes about your medical care
• Want to designate beneficiaries for your accounts and property
• Want to minimize the burden on your family after your passing