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The Law Offices of Brenton C. McWilliams – Blog

The Law Offices of Brenton C. McWilliams

Welcome to our blog. Here, you will find articles on topics relating to estate planning, elder law and probate.

Common Estate Planning Mistakes and How to Avoid Them

Common Estate Planning Mistakes and How to Avoid Them

The Law Offices of Brenton C. McWilliams can help you create a comprehensive estate plan that reflects your wishes and safeguards your legacy. While estate planning is a positive step towards securing your family's future, there are some common oversights that many people encounter. Let's explore these potential missteps and discuss how...

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10 Reasons to Make a Will and Safeguard Your Legacy

10 Reasons to Make a Will and Safeguard Your Legacy

A common concern among our estate planning clients is whether taxes must be paid on their estate once they die. While there is no state-level estate tax in Alabama, your estate could be subject to federal estate taxes. In 2024, the federal estate tax exemption amount for an individual is $13.61 million (this is adjusted annually according to inflation and, as discussed later on may be subject to law changes in the future). In 2010, the IRS introduced the concept of estate tax portability, which, effectively, doubles the estate tax exemption amount for married couples. This means that if your spouse did not use the full $13.61 million exemption amount at his or her death, you may be able to transfer (“port”) your deceased spouse’s unused exclusion (DSUE) to yourself, increasing your own estate tax exemption amount.

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Community Property vs. Separate Property in Estate Planning

Community Property vs. Separate Property in Estate Planning

A common concern among our estate planning clients is whether taxes must be paid on their estate once they die. While there is no state-level estate tax in Alabama, your estate could be subject to federal estate taxes. In 2024, the federal estate tax exemption amount for an individual is $13.61 million (this is adjusted annually according to inflation and, as discussed later on may be subject to law changes in the future). In 2010, the IRS introduced the concept of estate tax portability, which, effectively, doubles the estate tax exemption amount for married couples. This means that if your spouse did not use the full $13.61 million exemption amount at his or her death, you may be able to transfer (“port”) your deceased spouse’s unused exclusion (DSUE) to yourself, increasing your own estate tax exemption amount.

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What Does an Estate Planning Attorney Do?

What Does an Estate Planning Attorney Do?

The Law Offices of Brenton C. McWilliams can help you with estate planning, a vital process that ensures your wishes are honored, and your loved ones are cared for after you're gone. Our estate planning attorneys are dedicated to guiding you through this important journey with compassion and professionalism. Creating a Comprehensive...

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Key Estate Planning Documents for Organizing Your Affairs

Key Estate Planning Documents for Organizing Your Affairs

A well-organized, comprehensive estate plan consists of several legal documents that work together to safeguard your assets, minimize taxes, and provide clear guidance for your family during a difficult time. Without these tools, the courts may subject your estate to lengthy and costly probate proceedings, and it may not follow your...

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