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.
Can a Revocable Trust Be Changed?
For most questions about trusts, the express terms of the trust agreement itself prevail. In addressing the question whether a revocable trust can be changed, the first step to determining whether a trust can be changed is a review of the trust agreement to see what, if anything, the trust agreement says about changing the trust agreement. If the trust agreement doesn’t speak to amendment or changes to the trust or, if the trust agreement doesn’t address the specific circumstances present, then the default rules of the Alabama uniform trust code prevail. Trust agreements will commonly provide that on the happening of a certain event, some portions of the trust agreement can be changed and some portions of the trust agreement cannot be changed.
What information do I need to begin preparing my Estate Plan?
Nothing. Well, not nothing, but certainly less information than most people think they need to begin the process of preparing their will or trust.
For most people, estate planning is easy to procrastinate. A common weapon I see in the estate planning procrastination arsenal is the over-exaggeration of the information needed to prepare an estate plan. With the understanding that it’s easy to procrastinate, one of our goals is to make it easy to get your planning done.
What Does It Mean to Probate a Will in Alabama?
In Alabama, the admission of a Last Will and Testament to probate is the process of proving and authenticating a will as the true will of the deceased person. The probate process is the lead up to the appointment of the personal representative or executor named in the will and the administration of the estate in probate court.
Announcing Our New Law Firm Location in Daphne, Alabama
We’re pleased to announce the opening of our third office in Daphne! This office will be an excellent addition to our current offices in Orange Beach and Foley. The address for the Daphne office is 28311 N Main St #B-103, Daphne, AL.
What is a Small Estate Affidavit?
Some states allow for the transfer of a deceased person’s assets on receipt of a statutory affidavit with certain information about the deceased and the heirs of the deceased. However, that’s not the case in Alabama. Instead of a small estate affidavit, Alabama allows for distribution of small estates through an abbreviated estate process known as summary distribution.
