The Cost of Probate Court in Alabama

The Cost of Probate Court in Alabama

by | Jun 10, 2025 | Blog, Elder Law, Probate

Cost of Probate Court

If you are thinking about probate court, you have probably heard that you should do all you can to avoid it. Proponents of this view cite compounding costs and the emotional toll that probate takes. There is genuine merit to this perspective, and yet a proper evaluation means talking about the real, not imagined, costs of probate.

No fixed rate exists for probating an estate. Cost depends on the size and complexity of the estate, details of the will, whether or not there are any disputes to be resolved or debts to be paid, and where probate is undertaken. Probate fees can be broken down into filing fees and court costs, the estate executor’s fee, attorney fees, professional fees for accountants or other necessary services, and surety bonds. The following breakdown explains how each of these is calculated.

 

Filing Fees

Filing fees vary from county to county. In Baldwin County, you can expect to pay around $58.00, while in Mobile County you are looking at $50.00. In Calhoun County, where our firm is located, the fee is $65.00.

 

Estate Executor’s Fee

Under Alabama law, the executor of an estate can file a request with the court for an executor fee of up to 5% of the value of the estate. This includes up to 2.5% of assets received, and 2.5% of disbursements. In order to reduce the cost of probate, an executor may choose to waive their right to this fee. In addition, when a person drafts their will, they may also waive the requirement that the executor post a surety bond before assuming their appointment.

 

Attorney Fees

Attorney fees vary widely, making even a ballpark figure difficult to provide without some basic information about the estate. In the simplest of cases, an individual may pay a few thousand dollars, but this number can quickly grow as complications arise. To gain a clear estimate of potential costs, it is important to talk to a trusted attorney about the specifics of your case. We charge flat fees for probate and the amount of the fee depends on the complexity of the estate, while other attorneys charge by the hour.

 

Professional Fees

Once more, these fees depend on the size and complexity of the estate. Accounting will vary based not only on the amount but on the types of assets owned as well as whether the estate is subject to federal taxes (there are no state-level taxes in Alabama). Appraisal fees will likewise be a function of assets held. If a business owned by the deceased forms a part of the estate, all of these fees increase substantially.

 

Bond Fees

Before your estate’s executor may be appointed, they will have to post a bond in an amount determined by the probate judge. As mentioned earlier, you may waive this requirement in your will, but a judge may overrule your wishes, especially when minor children are involved in the estate.

 

Miscellaneous Fees

Miscellaneous fees range from insuring and storing personal property to shipping and disposal costs. In cases of complex estates that take months or years to administer, these small costs can pile up—and if your spouse or loved ones have no income of their own, they can become an immense burden as your personal assets will remain out of reach until the probate process is complete.

 

How to Avoid Probate in Alabama

Probate can be expensive, time-consuming, and emotional. Fortunately, there are steps you can take to avoid the process all-together.

Own Assets Jointly with Someone Else

Many house deeds and joint bank accounts have a right of survivorship. The right of survivorship basically says that when one owner passes away, the remaining assets are transferred to the surviving owner. This right of survivorship is not automatic. The co-owners would need to request that it be put in place.

 

Beneficiary Designation

Beneficiary designations are typically used in life insurance, IRAs, 401Ks, and other financial accounts. By naming a person as the beneficiary on the account, when you pass away, the beneficiary would just need to send in a death certificate to the company, and the proceeds would be paid directly to the beneficiary. Thus, avoiding the probate process.

However, it is important to remember that assets with beneficiary designations are not governed by the will. So, for example, if you want all of your assets (including those with beneficiary designations) split between numerous people, then you would need to name numerous beneficiaries on those assets and not rely on the will.

 

Create a Trust

If assets are owned by a trust, and the trust says which beneficiary is to receive which of the trust’s assets upon your death, then these assets will not pass through probate. There are many options when it comes to setting up trusts, including revocable and irrevocable trusts to name a few. It is recommended that you speak with an experienced estate attorney about your needs and goals to learn more about the options that are available to you.

 

Contact Us

Miller Estate and Elder Law can assist you with every step of probate and, if you act early, can help you determine whether going through probate even makes sense in the first place. After all, trusts and other such legal tools allow you to build an estate plan that skirts the need for probate—an option that is often cheaper in the long run for those with complex assets.

To learn more, join us for a free estate planning workshop and discover the steps needed to protect yourself, your loved ones, and your legacy. Or give us a call at (256) 251-2137 to speak with a member of our legal team, or contact us by filling out the brief form below.

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bill@millerestateandelderlaw.com

3 Reasons Selecting the Right Elder Law Attorney Is So Important

3 Reasons Selecting the Right Elder Law Attorney Is So Important

by | May 29, 2025 | Elder Law

Elder Law Attorney

When it comes to protecting your loved ones and your legacy, it’s crucial that you work with an elder law attorney who understands your needs. As you may know, most lawyers have a specific field of focus when it comes to their law practice. One of these distinct areas is known as elder law. Elder law attorneys focus on the unique requirements of older clients—serving as advocates and helping them navigate certain federal and state rules and regulations.

 

Reason #1: Estate Planning Considerations

It should be noted that an elder law attorney should not be confused with an estate planning lawyer, though many attorneys—like myself—practice both areas of law. While estate planning is primarily concerned with planning for the distribution of assets after death, elder law targets the preservation of assets for personal benefit and care while the person is living. Elder law attorneys are equipped to handle the sensitive emotional, and physical needs of older adults, and are therefore able to handle a variety of challenging situations:

•       Discussing the importance of wills and estate planning

•       Creating a durable power of attorney

•       Providing help with healthcare planning

•       Helping to locate long-term care facilities and manage assisted living costs

•       Drafting a living will or other advance directives

Elder law attorneys see an abundance of financial and medical circumstances that seniors and their families may encounter. Their experience can bring insight to a wide range of situations, from choosing long-term care arrangements to preparing for future scenarios.

 

Reason #2: Planning for Long-Term Care

Determining the best type of care for an aging adult is not easy. An elder law attorney is able to offer an objective opinion and help develop a long-term care plan. Many aging individuals would prefer to stay at home, but many times this is not the best option. An elder law attorney will explain which kind of care is recommended and determine whether the individual can receive that care at home, at a nursing home or other long-term care facility.

Approximately 70% of adults who reach the age of 65 will need some form of long-term care. An elder law attorney can work with you to strategize effective ways to protect your assets when your spouse requires nursing home care. Key strategies that can shield your assets from depletion include:

•       Early planning and communication

•       Utilizing Medicaid Asset Protection Trusts

•       Maximizing exempt assets

Seeking professional guidance can help mitigate the financial impact of long-term care, while protecting the assets you’ve built up over your lifetime.

 

Reason #3: Control Over Your Future

Choosing the right elder law attorney can make sure you have control over your future—even as your circumstances change. It’s crucial to have the appropriate documents in place to ensure your wishes are respected and your plans are communicated. For example, establishing a power of attorney gives someone the authority to make legal and financial decisions on your behalf. It’s important that you choose a reliable individual to act as your power of attorney.

An elder law attorney can ensure these documents are in place, even before you think you may need them. A dementia diagnosis may call into question one’s ability to sign legal documents. You never know what life has in store, so it’s important to always be prepared to ensure your loved ones and legacy are secure.

 

Taking the Next Steps

Hiring the right elder law attorney can help ensure you are protected from matters that uniquely affect older adults, and alleviate worry to gain peace of mind knowing that you and your loved ones are being taken care of.

I offer free workshops to help individuals and families learn more about estate planning and asset protection. Register for our next workshop using the brief form below, or contact us at (256) 251-2137 to schedule an initial consultation with Miller Estate & Elder Law today.

 

Contact Miller Estate & Elder Law

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bill@millerestateandelderlaw.com

How to Become a Paid Caregiver for a Family Member in Alabama

How to Become a Paid Caregiver for a Family Member in Alabama

by | Mar 28, 2025 | Caregivers, Elder Law

caregiver standing next to bed with older man laying down

Key Takeaways:

  • You can get paid for taking care of a family member through different programs in Alabama.
  • Proper paperwork and specific requirements must be met in order to qualify for caregiving programs.
  • Programs like Medicaid Waivers Program, the Veteran Directed Care Program, and Alabama Cares Program provide financial support to family caregivers based on specific care needs.

Being a caregiver for a loved one is no easy task. Not only is it a time-consuming and physically demanding job, but it is an emotionally draining job, as well. Caring for the elderly at home may be—and often is—a full-time job. Because caregivers are often unable to work another job, they need to be compensated for their labor.

For more than two years, Jennifer had been taking care of her mother upon receiving a dementia diagnosis. Due to the time-consuming nature of being a caregiver, Jennifer quit her job to provide full-time care. Her family struggled financially, as Jennifer’s $50,000 annual salary was no longer contributing to life expenses. It’s important to recognize that you should be paid as a caregiver, and there is no shame in being compensated for your care.

Luckily, there are multiple ways for people providing senior home care for their loved ones to get paid. These options vary depending on the specific circumstances of your loved one, but all are designed to ease the heavy burden that caregivers shoulder in order to fulfill their duties.

 

How to Become a Paid Caregiver for a Family Member in Alabama

Below are some of the options for caregivers to get paid in Alabama:

  • Medicaid Waiver Programs: If the person you are caring for receives Medicaid, they may be able to have you named as an official caregiver. Medicaid offers several waiver programs that are designed to prevent older people from being placed in nursing homes and allow you to continue caring for the elderly at home. The Alabama Medicaid Waiver for the Elderly and Disabled (E&D Waiver) assigns elderly people and people with disabilities a case manager, who helps them design a person-centered model of care which may include a provision for an at-home caregiver. Another option is the Personal Choices program, which allows elderly or disabled Alabamians more choice and flexibility in the type of care they receive. Other waivers are designed to benefit people with specific disabilities, such as the Technology Assisted Waiver for Adults (TAW), which covers people who are ventilator dependent, or who have a tracheotomy.
  • Veteran Directed Care Program: The Veteran Directed Care Program (VDC) allows eligible veterans to determine the course of their own care. They are given a flexible budget, which allows them to hire and supervise their own caregivers. They also have access to additional resources, including care planning assistance, financial management services, and ongoing counseling support.
  • Alabama Cares Program: The Alabama Cares Program offers caregivers a variety of resources that can help ease the burden of caring for the elderly at home. These services include training, access to information and advice, and support services such as personal care, adult day care, and limited homemaker services. Caregivers providing services for people over the age of 60 qualify for the program, as do caregivers helping patients with dementia, and caregivers who are over the age of 60 themselves, and who are caring for children aged 18 or younger.
  • Sign a Caregiver Agreement: If you are providing caregiving services, you can get paid for those services.  We recommend that you sign an actual caregiver agreement or contract. In the agreement, you set up the number of hours per week you will provide care and the hourly rate you will charge for that care. You do not want to get paid “cash” or under the table so to speak. Caregiving expenses are a proper Medicaid spend down but you must do it the right way. Otherwise, your loved one risks getting penalized by Medicaid if they ever have to file a Medicaid application for nursing home care.
1. Can I get paid for taking care of a family member in Alabama?

Yes! There are several programs that allow family members to get paid for caregiving, such as Medicaid Waiver Programs, the Veteran Directed Care Program, and the Alabama Cares Program.

2. How can I qualify for these programs?

In order to qualify for paid caregiving programs like Medicaid Waivers, the Veteran Directed Care Program, or the Alabama Cares Program, you’ll need to meet specific requirements. Each program has different requirements, such as the age, disability, or military status of the person you are caring for.

3. What if I have a family member that is a veteran?

If your family member is a veteran, they may be able to qualify for the Veteran Directed Care Program. This program lets them decide their own care, including hiring their caregiver and providing a flexible budget for the caregiver’s work.

4. What if my family member has Medicaid?

If your family member has Medicaid, they may be able to officially name you as their caregiver through Medicaid Waiver Programs. This program allows you to continue caring for them at home instead of placing them in a nursing home.

5. How can I qualify for the Alabama Cares Program?

The Alabama Cares Program is available to caregivers of individuals over 60, those with dementia, or caregivers over 60 who are taking care of children under 18. This program also offers support services and trainings to help make caregiving easier.

6. What paperwork do I need to get paid as a caregiver?

To get paid, you’ll need to sign a formal caregiver agreement that outlines the number of hours and the rate you’ll be paid. This document ensures that payment is noted in order to help avoid qualification issues with Medicaid in the future.

7. Where should I start to become a paid caregiver?

Begin by searching for a Givers matching tool to find programs in your area. Ensure you meet eligibility and meet requirements like background check or specific training. Complete necessary paperwork by documenting any caregiving tasks to ensure you stay compliant. An attorney can guide you through the process to ensure you meet all requirements and receive proper payment throughout the process.

Hiring an Elder Law Attorney

Registering as a primary caregiver can be a complicated process and is difficult to navigate alone. Hiring an experienced elder law attorney can make the process much easier and can ensure that you are getting qualified for all of the services available to you and your loved ones. We want to make sure your aging parent receives the senior home care they deserve.

At Miller Estate and Elder Law, we are experts in understanding how to become a paid caregiver for a family member in Alabama. Contact us today using the brief form below to find out more about our services for caregivers.

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bill@millerestateandelderlaw.com

Get the Facts: 10 Surprising Long-Term Care Statistics

Get the Facts: 10 Surprising Long-Term Care Statistics

by | Jul 14, 2023 | Asset Protection, Blog, Elder Law, Estate Planning, Medicaid, Medicaid Planning, trust

older man nursing home resident sitting at dinner table with nurse smiling

When it comes to long-term care, many people are unaware of the potential costs, and the likelihood of needing such care in their lifetime. Planning in advance for long-term is crucial to safeguarding your assets and ensuring a financially secure future. Below, we’ll explore ten surprising long-term care statistics that highlight the importance of proactive planning.

1. Probability of Needing Long-Term Care

According to the Administration for Community Living (ACL), 70% of people aged 65 and older will require some form of long-term care in their lifetime. This statistic underscores the need for adequate preparation.

2. Average Length of Care

The average duration of long-term care is approximately three years. It’s essential to consider the potential financial and emotional impact of extended care needs.

3. Caregiving by Family Members

Family members provide the majority of long-term care, with around 83% of elder care being provided by unpaid family caregivers. This not only highlights the significant role that families play in the caregiving process, but also the lack of education around how to become a paid caregiver—yes, that IS an option!

4. The Rising Cost of Care

Long-term care costs are on the rise. The annual median cost for a private room in a nursing home is approximately $105,850 a year, while a home health aide costs around $56,056 per year. These expenses can deplete savings quickly if not planned for in advance.

5. Medicaid as a Primary Payer

Medicaid becomes the primary payer for long-term care services for many individuals. Around 62% of nursing home residents depend on Medicaid to cover their care costs. Medicaid has strict eligibility requirements, with a look-back period of 5-years. Once again, advanced planning is crucial in order to qualify for this government program—you may not need it now, but now IS the time to start planning.

6. Gender Disparity in Caregiving

Women tend to shoulder the majority of caregiving responsibilities. In fact, women are more likely to be informal caregivers, and provide care for longer durations compared to men.

7. Impact on Spousal Care

Approximately 75% of married seniors will require long-term care services, with the majority of care provided to a spouse. This emphasizes the need for spousal planning to protect both partners. Do you know what to do if your spouse needs nursing home care?

8. Informal Caregiver Burnout

The strain of caregiving can lead to caregiver burnout. Nearly 40% of caregivers for older adults experience significant psychological distress due to the demands of caregiving.

9. Limited Coverage by Health Insurance

Most health insurance plans, including Medicare, only cover a limited amount of long-term care costs, leaving individuals responsible for a substantial portion of their care expenses. Planning well in advance of needing care can help ensure you don’t lose your life savings to the nursing home.

10. Financial Impact on Families:

The cost of long-term care can pose a significant financial burden on families. It’s estimated that 15% of caregivers had to reduce their work hours or quit their jobs altogether to accommodate caregiving responsibilities. The good news is that many caregivers can qualify to receive compensation for their caregiving responsibilities—ask us about how you can become a paid caregiver in Alabama.

These surprising long-term care statistics should serve as a wake-up call for individuals and families who want to plan for and secure their future. Being proactive and exploring options like long-term care insurance, setting up a Medicaid Asset Protection Trust, or consulting with an elder law attorney can help protect your assets and ensure a secure future. By planning well in advance, you can alleviate financial stress and focus on providing the best possible care for yourself or your loved ones. Remember, the time to plan is now—and we can help!

If you or a loved one is getting close to nursing home age, contact us to learn your options, and get a plan in place for the future. Call (256) 251-2137 or contact us using the brief form below:

Contact Miller Estate and Elder Law

Looking to learn more? Do not hesitate to give us a call at (256) 251-2137 or contact us via the brief form below.

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256-472-1900

bill@millerestateandelderlaw.com

Everyone Needs to Sign a Power of Attorney, But Especially Seniors

Everyone Needs to Sign a Power of Attorney, But Especially Seniors

by | Apr 17, 2023 | Aging Parents, Blog, Elder Law, Estate Planning

Senior couple reads over paperwork at dining table

Estate planning often gets confused with end-of-life planning, but the two are not the same. Your estate plan does not just protect your assets after you die—it also plays an essential role in securing your health and finances while you are alive. A power of attorney is just as important as any other document in a robust estate plan, and while everyone over the age of 18 should really sign one, they are especially important for seniors.

Understanding Power of Attorney

Power of attorney comes in two forms: medical and financial. The former protects your health, the latter your finances. Here’s what you need to know:

Medical Power of Attorney

When you execute your medical power of attorney—sometimes referred to as an advance healthcare directive—you designate a trusted loved one to make medical decisions on your behalf should you become incapacitated. If, say, you are injured in a car accident and cannot speak for yourself, your medical power of attorney can step in and communicate your wishes. Their decision-making is constrained by instructions previously provided by you—for example, whether you do or do not want to be placed on a ventilator or feeding tube, etc.—which provides peace of mind, and reduces the potential for family conflict.

Durable Power of Attorney

Your financial power of attorney likewise allows you to designate a trusted loved one or advisor to act on your behalf should you suffer incapacitation. Here, however, the powers granted concern your legal and financial affairs. You can customize the authority you give your designated loved one, though it’s common to include access to your financial accounts for bill-pay purposes, the ability to manage property, file taxes, and apply for public benefits.

Why Powers of Attorney Are Especially Important for Seniors

Every adult needs to speak to an estate planning or elder law attorney to draft power of attorney documents, because nobody is immune to life’s unpredictability. A first-year college student is as apt to careen off the road as an aging grandparent, and both need to have their health and finances covered should this happen. Powers of attorney are especially important for seniors, however, as cognitive decline means increasing challenges related to decision-making.

If you’re an aging adult worried about dementia, it’s crucial that you sign power of attorney documents now. Doing so frees you to enjoy your golden years with the security of knowing you will be cared for, and your loved ones won’t end up fighting over how best to attend to your well-being. Furthermore, drafting power of attorney documents while you are of sound physical and mental health can prevent your loved ones from the exhausting and expensive court process of filing for guardianship and/or conservatorship later.

Take Our Healthcare Quiz to Discover the Real Importance of Powers of Attorney

People are often surprised to discover how different their and their children’s ideas are regarding medical care. It’s easy to assume that everyone is on the same page, but our Healthcare Quiz demonstrates that this is rarely the case.

Print out two copies of the quiz here, give one to your kids, keep one for yourself, answer the 12 questions separately, and compare results. Don’t be surprised by discrepancies, but do take this as reason to establish your powers of attorney now!

Reach out to the experienced elder law attorneys at Miller Estate and Elder Law by calling (256) 251-2137 or using the contact form below.


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bill@millerestateandelderlaw.com

Caring for Caregivers: Coping Skills to Fight Caregiver Burnout

Caring for Caregivers: Coping Skills to Fight Caregiver Burnout

by | Mar 27, 2023 | Blog, Caregivers, Elder Law, Long-Term Care, Nursing Home

caring-for-caregivers

Caring for a loved one can be an incredibly rewarding experience, but it can also be emotionally and physically draining. Caregiver burnout is a common occurrence, and it’s important to recognize the signs and take steps to prevent (or reverse) it. In this article, we will discuss several coping skills to fight caregiver burnout.

What is Caregiver Burnout?

Caregiver burnout is a state of physical, emotional, and mental exhaustion that can occur when caregivers don’t get the help they need. According to the Cleveland Clinic, caregiver burnout can lead to a wide range of physical and emotional symptoms, including depression, anxiety, insomnia, and chronic fatigue.

Signs of Caregiver Burnout

There are several signs of caregiver burnout that you should be aware of. These include feeling overwhelmed, experiencing feelings of isolation, neglecting your own needs, and losing interest in activities you used to enjoy. According to Vitas Healthcare, other signs include changes in appetite or sleep patterns, feeling irritable or short-tempered, and experiencing physical symptoms, like headaches or stomach problems. Caring for aging parents or loved ones can be as difficult as it is rewarding.

Coping Skills for Caregiver Burnout

To prevent or alleviate caregiver burnout, there are several coping skills that caregivers can employ. One of the most important is asking for help. Don’t be afraid to reach out to family members, friends, or community organizations for assistance. You may also want to consider hiring a professional caregiver or respite to provide a break from caregiving duties.

Practicing self-care is another important way to cope with caregiver burnout. This means taking care of your own physical and emotional needs. Make time for exercise, hobbies, and relaxation. Seek support from others, including therapists, support groups, or spiritual advisors.

It’s also important to set realistic expectations for yourself. Remember that you can’t do everything, and that it’s okay to ask for help or delegate responsibilities. Don’t feel guilty about taking time for yourself. Try to find a balance between caregiving duties and other aspects of your life. Take advantage of technology and other modern resources to help you manage your caregiving responsibilities. There are many apps, websites, and other tools available to help you organize schedules, track medications, and connect with other caregivers.

Caregiver burnout is a serious issue that can affect both caregivers and their loved ones. It’s important to recognize the signs and take steps to prevent or alleviate it. By asking for help, practicing self-care, setting realistic expectations, and using technology and other resources, caregivers can cope with the demands of caregiving and maintain their own well-being.

Download the Free Guide: Caring for Aging Parents

At Miller Estate & Elder Law, we have helped countless caregivers gain peace of mind knowing that—at the least—the right legal tools are in place to help them help their aging loved ones. We work with caregivers at all stages, from taking the first important legal steps following a dementia diagnosis, to filing for guardianship and/or conservatorship after their loved one’s dementia symptoms become more advanced. The sooner you take action, the easier it will be to take the best possible care of your aging loved ones. Complete the brief form below to download our free e-Book and guide: Caring for Aging Loved Ones, or contact us to schedule a consultation to discuss your unique needs.



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