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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.

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.

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How to Avoid Probate with Estate Planning

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...

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What Happens When Real Estate in an Estate or Trust has a Mortgage?

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.

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What is the Compensation for Serving as an Executor or Administrator of an Estate in Alabama?

In Alabama, by statute, the maximum compensation for an executor or administrator (personal representative) of an estate in ordinary cases is two and a half percent of the value of the estate property received by the executor or administrator and two and a half percent of the value of the disbursements from the estate. Within this maximum amount, the executor or administrator is entitled to reasonable compensation for services based on a consideration of fairness

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