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.
Is Your Alabama Trust Funded?
If you are using a revocable trust for your estate plan, the trust should be funded. When using a revocable trust for an estate plan, typically, one of the primary goals is avoiding the need to file an estate in probate court. Avoiding probate court may be a goal for multiple reasons.
What are Letters Testamentary?
Letters testamentary are the documentary evidence of an individual’s appointment as the executor of an estate. They are issued by Alabama probate courts following appointment of an executor.
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:
