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.
What is an Ancillary Estate in Alabama?
An ancillary estate is an estate in Alabama that is started after the commencement of a primary estate administration in another state. For example, if a resident of another state dies in their state of residence while owning real estate in Alabama, their executor may file an estate case in the deceased person’s state of residence and then file a separate ancillary estate in the county where that person owns real estate in Alabama.
Alabama Guide to Survivorship Deeds: What is a survivorship Deed?
In Alabama, survivorship deeds are sometimes used for ownership among multiple property owners. Following the death of one of the owners, a survivorship deed passes ownership on to the surviving owner automatically, by operation of law, without the need for probate. The property is owned by the multiple owners as joint tenants with right of survivorship.
Information for Renters with Storm Damaged Rental Homes or Apartments
I’ve been getting some legal questions from renters (tenants) with damaged homes about the status of the lease, deposits, etc. Above all, I encourage landlords and tenants to work together, be reasonable with each other and understand that this is a difficult situation for each side. The tenant has lost their property and place to live, and the landlord is faced with both the financial loss of the rent and damage and the difficult process of repairing and rebuilding the property. With that said, here is some information that may be helpful for residential renters in Alabama:
What is the spousal elective share in Alabama?
The spousal elective share is the right of a surviving spouse to claim a certain portion of their spouse’s estate on the death of the spouse. In other words, when one member of a married couple dies, the widowed spouse has the right to claim a certain portion of the deceased spouse’s estate. The intent is to preserve a minimum portion of the estate for the support of the widowed spouse. In Alabama, the spousal elective share is a statutory right codified as part of the Alabama Probate Code, Ala. Code § 43-8-70:
Guide to Family Limited Liability Companies (LLC)
Summary: A family limited liability company provides an effective solution to many of the problems which arise from ownership of property by multiple family members. The family limited liability company provides consolidated management and a mechanism for decision making with respect to the property, protection of the property from the individual family members’ creditors, and a structure to keep the property within the family by extremely limiting the means by which the property may be transferred to a person outside the family.
