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.
How to Get Power of Attorney in Alabama
A power of attorney (POA) is a legal document that allows you to designate someone you know and trust to make decisions on your behalf when you cannot. Establishing a POA while you still have mental capacity can help avoid the need for a court-appointed conservator or guardian if you become incapacitated in the future. Let's review some...
Right of Occupancy Trust: Alabama Estate Planning Guide
What does a right of occupancy trust do? A right of occupancy trust is an estate planning tool that essentially allows a beneficiary to reside in a specified piece of property until their death or an otherwise specified period of time.
Guide to Estate and Gift Tax Portability for Estate Planning
A common concern among our estate planning clients is whether taxes must be paid on their estate once they die. While there is no state-level estate tax in Alabama, your estate could be subject to federal estate taxes. In 2024, the federal estate tax exemption amount for an individual is $13.61 million (this is adjusted annually according to inflation and, as discussed later on may be subject to law changes in the future). In 2010, the IRS introduced the concept of estate tax portability, which, effectively, doubles the estate tax exemption amount for married couples. This means that if your spouse did not use the full $13.61 million exemption amount at his or her death, you may be able to transfer (“port”) your deceased spouse’s unused exclusion (DSUE) to yourself, increasing your own estate tax exemption amount.
When and How Do I Amend A Living Trust Document? A Step-by-Step Guide
A living trust can be used as a tool to avoid probate and dictate how your heirs and beneficiaries will receive your assets after passing away. But life brings significant changes, which may require amending your trust agreement to reflect your current wishes. When should you make changes to your living trust? What alterations can you...
A Beginner’s Guide to Estate Planning: Key Concepts & Documents
Estate planning has a reputation for being complicated, but it doesn’t have to be with the right guidance. At The Law Offices of Brenton C. McWilliams, we believe everyone needs estate planning to thoughtfully protect their legacy. This beginner’s guide breaks down the basics of estate planning step-by-step so they make sense. What is...
