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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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