Estate Planning FAQs

Estate planning is the process of protecting you and your family in the event you become incapacitated or pass away. It is essential for everyone — regardless of how much money you have. A complete estate plan includes provisions for someone to make financial and medical decisions on your behalf if you become incapacitated, as well as a plan for what happens to your assets when you pass away. Watch this video to learn more.

Most Alabama families benefit from having four core documents in place: a will, a durable power of attorney, an advance directive for healthcare, and—depending on your situation—a trust. Together, these documents ensure that your wishes are honored, your finances are protected, and the right people have the legal authority to act on your behalf when it matters most. Visit our estate planning page to learn more about each of these documents.

The best time to start is now. Estate planning is not just for retirees or the wealthy—it is important for any adult who has assets, loved ones, or healthcare preferences they want protected. Life changes like marriage, divorce, the birth of a child, or the purchase of a home are all good triggers to revisit or create your plan. The one thing we consistently hear from families is that they wish they had started sooner.

While online tools and form-based documents exist, they frequently fall short in ways that only become apparent when it is too late to fix them. A document that is improperly drafted or executed may be invalid under Alabama law — leaving your family in exactly the situation you were trying to avoid. An experienced estate planning attorney ensures your documents are legally sound, properly coordinated, and actually reflect your wishes. Schedule a consultation to get started.

We generally recommend reviewing your estate plan every three to five years, or whenever a major life event occurs—such as a marriage, divorce, death of a beneficiary or agent, birth of a child or grandchild, a significant change in assets, or a move to a new state. Your plan should grow and change with your life.

If you pass away without a will or estate plan, Alabama’s intestacy laws determine what happens to your assets—and the result may not reflect your wishes. The probate court will appoint someone to manage your estate, decide who inherits your property, and potentially determine who cares for your minor children. Without an advance directive or power of attorney, a court may also need to intervene during your lifetime if you become incapacitated. Planning ahead gives you control that the courts otherwise take away. Learn more on our wills page.

This is one of the most common—and potentially costly—mistakes families make. Adding a child’s name to your bank account makes them a joint owner, which means those funds become legally theirs and could be subject to their creditors, divorce proceedings, or tax consequences. It can also create unintended inequality among your children and complicate Medicaid planning. In most cases, there are better ways to ensure your children can access funds when needed—such as a properly structured power of attorney or trust. We strongly recommend speaking with an attorney before making this change. Watch this video to learn more.

This is a question we hear often, and the good news is that there are a number of effective legal strategies to help. However, one of the best ways is to create instructions in your Trust or Will for your trustee or personal representative to create an LLC in the state of the “getaway property” and deed the property to the LLC.

An operating agreement spelling out how it will be used and managed is attached as an addendum. The beneficiaries will receive their membership in the LLC upon acceptance of the operating agreement. The LLC can have an indefinite duration unlike the trust itself and is simpler than a corporation and presents less risk of liability, forced sale by a beneficiary and other issues as opposed to leaving it jointly to the beneficiaries.

Without a plan in place, a beloved family property can easily become a source of conflict—or be forced to sell to settle an estate. We recommend addressing this sooner rather than later. Contact us to discuss your options.

Generally, no—at least not without careful consideration and legal guidance. While it may seem like a simple way to pass your home to your children, deeding your property outright can trigger gift tax issues, capital gains tax consequences, and Medicaid eligibility complications. It also means you no longer legally own your home, which can create real problems if your relationship with your children changes or if they face financial difficulties of their own. There are more effective strategies available—including certain types of trusts—that accomplish the same goal with far fewer risks. Watch this video to learn more.

A will—formally called a last will and testament—is a legal document that outlines what happens to your assets after you pass away. It allows you to name who will inherit your property, who will manage your estate, and—if you have minor children—who will care for them. Without a valid will, these decisions are made by Alabama law and the probate court, not by you. Learn more on our wills page.

Most adults benefit from having a will—especially if you own property, have children, or want any say in what happens to your assets after you pass away. Even a simple will can make a significant difference for your family by providing clear direction and reducing the potential for conflict or confusion during an already difficult time.

In Alabama, a valid will must be signed by the person making the will (the “testator”) and witnessed by at least two people who are present at the same time. The testator must be at least 18 years old and of sound mind at the time of signing. Alabama also recognizes holographic wills—those written entirely in the testator’s own handwriting—though these carry a higher risk of being challenged. Working with an attorney ensures your will meets all legal requirements and is far less likely to be contested.

A trust is a legal arrangement in which you (the “grantor”) transfer ownership of assets to a trustee, who manages and distributes those assets according to your instructions for the benefit of your chosen beneficiaries. In Alabama, a trust can take effect during your lifetime or at your death. Unlike a will, a trust does not go through the probate court—meaning your assets can be distributed to your loved ones more quickly, privately, and with less expense. Learn more on our trusts page.

A revocable trust—sometimes called a revocable living trust—is a type of trust you create during your lifetime that you can change, amend, or revoke at any time as long as you have legal capacity. You typically serve as your own trustee while you are alive and well, maintaining full control over your assets. When you pass away or become incapacitated, a successor trustee you have named steps in to manage or distribute your assets according to your instructions—without the need for probate court. It is one of the most flexible and widely used estate planning tools available. Watch this video to learn more.

A will expresses your wishes after you pass away and must go through the Alabama probate court before anything can be distributed. A trust can take effect during your lifetime and allows assets to transfer to your beneficiaries without going through probate. Wills are simpler and less expensive to create upfront, but trusts offer more control, privacy, and efficiency — especially for larger or more complex estates. Many families benefit from having both.

Not always—but for many families, a trust provides important benefits that a will alone cannot. If avoiding probate, maintaining privacy, planning for incapacity, or providing structured distributions to your heirs are priorities, a trust may be the right addition to your plan. The best way to know is to discuss your specific situation with an estate planning attorney. Schedule a consultation to find out what makes sense for you.

A durable power of attorney is a legal document that grants your chosen agent the authority to act on your behalf—and remains in effect even if you become mentally or physically incapacitated. The word “durable” is important: a standard power of attorney automatically ends if you lose capacity, which is often the exact moment you need it most. In Alabama, most estate planning attorneys recommend a durable power of attorney for this reason. Watch this video or visit our power of attorney page to learn more.

An advance directive for healthcare is a legal document that combines two important functions: naming a trusted person (your healthcare proxy) to make medical decisions on your behalf if you cannot, and documenting your own wishes for end-of-life care. In Alabama, this document may also address do-not-resuscitate preferences and organ donation. Without one, healthcare providers may be unable to take direction from your family—and decisions may ultimately fall to the courts.

A power of attorney is something you set up voluntarily, while you still have capacity, by choosing a trusted person to act on your behalf. Guardianship and conservatorship are court-supervised processes that happen when someone has already lost capacity and no planning documents are in place. A guardian is appointed by a court to make personal and healthcare decisions for an incapacitated person. A conservator is appointed to manage their financial affairs. Both processes can be lengthy, expensive, and emotionally difficult—and the court, not you, decides who is appointed. A properly drafted power of attorney is almost always the simpler, less costly, and more personal alternative.

Probate is the court-supervised process of validating a will and distributing a deceased person’s assets. In Alabama, probate can take months, involves court fees, and becomes part of the public record. Common strategies to avoid or minimize probate include establishing a revocable trust, designating beneficiaries on accounts and insurance policies, and using joint ownership for certain assets. A complete estate plan can significantly reduce—or eliminate—your family’s need to go through probate. Learn more on our probate page.

No—a will does not avoid probate. In fact, a will must go through the Alabama probate court before any assets can be distributed. The probate process validates the will, appoints a personal representative, and oversees the distribution of your estate. If avoiding probate is a priority, a trust may be a more appropriate tool.

The timeline varies depending on the complexity of the estate, whether the will is contested, and the caseload of the local probate court. In Alabama, a straightforward estate may be resolved in eight to twelve months, while more complex estates can take significantly longer. Additionally, it can take longer if all of the heirs do not agree on things and you have to have court hearings to decide the fate of the estate. The more “contested” the process is, the longer it takes.

Initially, it takes a month or so to get the paperwork filed to get “Letters Testamentary” issued so that the personal representative has the authority needed to act on behalf of the estate. Once those are issued, you have to give notice to known creditors and post notice in the newspaper to unknown creditors. They have 6 months to file their claims. There are other issues that can affect the time it takes to probate a will in Alabama but 8 months to a year is about the average time.

Working with an experienced probate attorney can help move the process along as efficiently as possible and reduce stress on your family during an already difficult time.