Wills and Trusts


Did you know that the State of Alabama has already prepared your estate plan for you? It is true. If you do not leave clear instructions for how your estate should be handled after your death, you can rest assured that there is a state law that will do it for you. Under the Alabama Intestate Succession laws, there are default rules that determine who will inherit your estate, who can be in charge of acting as your representative, and what happens if your heirs should predecease you. Most people would prefer not to allow the government to decide these things.

Therefore, it is up to you to set forth your intentions while you are still alive. There are generally two ways to do this – wills and trusts. An experienced Alabama estate planning attorney can work with you to make sure your intentions are clearly expressed.

Alabama Last Will And Testament

An Alabama last will and testament allows you to let the world know exactly how you want your estate to be handled upon your passing. While some attorneys and online resources may use the term “simple will,” there are few situations in which a will is a “simple” document. In fact, properly drafted by a skilled attorney, a will can do quite a lot of things. For instance, here are just a few things a well-crafted will can achieve:

  • Appoint the individual(s) you want to act as your representative
  • Authorize the representative to receive payment or reimbursement for services
  • Waive the requirement that your representative post a bond when opening your estate
  • Create incentives for heirs not to dispute or contest the will
  • Express your wishes regarding how cash, tangible property, or real estate are divided among heirs
  • Leave assets to charity
  • Pass residual assets to a trust

Of course, this is not an exhaustive list, as there are plenty of other things a will can do in specific situations. However, there are also things a will cannot do. For example, a will cannot:

  • Dictate how heirs spend the money or how they behave
  • Avoid probate
  • Privately pass assets without any public proceedings
  • Avoid or minimize taxation
  • Help you or a spouse while you are living
  • Defer payment of your bequests until a later time

For each of these things, you would need a trust.

Alabama Trusts

A trust is a living document that can be created in order to benefit people while they are still alive, as well as control the disbursement of assets over a longer period of time. In other words, a trust is a detailed instrument that can create incentives for heirs, control or prevent spendthrifts from inheriting money, or even help a family avoid tax burdens. Some trusts can even help your family while you are still alive.

In truth, a trust is one of the most flexible and useful legal documents available for estate planning purposes, and it can generally be customized to fit your unique needs. The best part is, a trust can often help you avoid probate, keeping your assets and your legacy private and out of the courts.

Building A Custom Estate Plan

To get help with your unique and customized estate plan, contact Five Points Law Group today.

Burton Dunn

Estate Planning & Probate Law

Burton Dunn

more information

Kristin Waters Sullivan

Estate Planning & Probate Law

Kristin Waters Sullivan

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