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.
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.
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.
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.
Author: Brenton McWilliams How to Avoid Probate with Estate Planning One of the major benefits to using a trust for estate planning is the ability to avoid the need for an estate in probate court. If the trust is created and funded properly, there is a continuity of authority over the trust property that lasts beyond the lifetime of the...
In estate or trust administration, the deceased’s residence is often the largest asset of the estate. A mortgage on the residence or other property of the estate can be a source of frustration or stress for the heirs or spouse of the deceased borrower. I put together the following blog post to provide helpful information (and to clear up misinformation) about inheriting estate property that is subject to a mortgage.