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Eastern Shore Estate Planning Attorney

The Law Offices of Brenton C. McWilliams can help you create a thoughtful, organized estate plan from our Spanish Fort office, conveniently located just minutes from I-10. We serve families throughout Alabama’s Eastern Shore, including Spanish Fort, Daphne, Fairhope, Point Clear, Montrose, and the surrounding communities of Baldwin County.

Whether you’re a longtime Eastern Shore resident, a retiree who settled here for the bay breezes and the slower pace of life, or a working professional raising a family in one of Baldwin County’s most desirable areas, we’re here to help you safeguard what matters most.

Why Eastern Shore Families Work with an Estate Planning Attorney

The Eastern Shore has grown considerably over the past decade, attracting families and retirees from across the country. Communities like Fairhope, Daphne, and Spanish Fort consistently rank among the best places to live in Alabama, and the area’s rising property values reflect that appeal.

With that growth comes a real need for planning. Many Eastern Shore residents own homes, investment property, or businesses. Some have moved here from other states and brought estate plans that may not align with Alabama law. Others may have started a plan years ago but haven’t updated it since a major life change—a marriage, a grandchild, a retirement.

An estate planning attorney can sit down with you, learn about your family and your goals, and help you build a plan that works in real life—not just on paper.

Estate Planning Services for the Eastern Shore

Our team provides a full range of estate planning and related services. Here’s an overview of how we help Eastern Shore families.

Wills

A last will and testament is often the starting point of any estate plan. Your will allows you to name beneficiaries, designate an executor to carry out your wishes, and appoint a guardian for minor children. Under Alabama Code § 43-8-130, a valid will in Alabama generally needs to be in writing, signed by the testator, and witnessed by at least two individuals.

Without a will, your estate would be distributed according to Alabama’s intestacy laws—which may not reflect your actual wishes.

Trusts

Trusts are flexible tools that can serve a variety of goals. A revocable living trust can help your family avoid probate, maintain privacy, and allow a successor trustee to step in smoothly if you become incapacitated. An irrevocable trust may be a better fit if asset safeguarding or tax planning is a priority.

We also help clients understand the importance of funding their trust properly—a step that is sometimes overlooked but can make all the difference in whether a trust actually accomplishes its goals.

Power of Attorney and Healthcare Directives

Planning for incapacity is just as important as planning for what happens after you pass away. A financial power of attorney designates someone you trust to manage your finances if you’re unable to do so. A healthcare power of attorney and advance directive ensure that your medical preferences are known and respected.

These documents give your family clarity during difficult moments and can help avoid the need for a court-appointed guardianship.

Probate and Estate Administration

If you’ve recently lost a loved one, our team can help guide you through the Alabama probate process. Probate matters in Baldwin County are handled through the Baldwin County Probate Office in Bay Minette. We can help with filing the will, managing creditor claims, and distributing assets according to the terms of the estate.

Elder Law and Special Needs Planning

For families planning around long-term care, Medicaid eligibility, or providing for a loved one with special needs, we offer guidance tailored to Alabama’s specific rules and programs. The Alabama Medicaid Agency has its own eligibility thresholds and application processes, and getting your plan right matters.

Common Estate Planning Concerns on the Eastern Shore

Over the years, we’ve helped families throughout this region with a wide range of planning needs. Here are a few of the most common situations we see from Eastern Shore clients.

Relocating to Alabama from another state. If you’ve moved to the Eastern Shore from out of state, your existing estate plan was likely drafted under another state’s laws. Alabama has its own rules governing wills, trusts, powers of attorney, and ancillary estates. Having an Alabama attorney review your documents can help identify any gaps.

Owning property in multiple states. Some Eastern Shore residents still own a home, cabin, or investment property in another state. Without planning, your family could face probate proceedings in every state where you hold real estate. A living trust is one tool that may help avoid that outcome.

Planning for retirement. Whether you’re already retired or approaching that milestone, this is an ideal time to review or create an estate plan. Retirement often changes your asset picture, your healthcare needs, and your goals for how you’d like to provide for your family.

Safeguarding a family business. The Eastern Shore is home to a growing number of small businesses and professional practices. Business succession planning ensures your company can transition smoothly and that your business interests are addressed within your larger estate plan.

Why Eastern Shore Families Choose The Law Offices of Brenton C. McWilliams

We’ve served Baldwin County families since 2018, and today we’re proud to have earned hundreds of five-star reviews from our neighbors across the Eastern Shore and beyond.

Here’s what our clients tell us they appreciate most:

  • A simple, three-meeting process that takes the guesswork out of estate planning. We walk you through every step, answer your questions, and make sure you feel confident in your decisions.
  • Fixed pricing with no surprises. You’ll know exactly what your estate plan costs before we begin. No hourly billing, no hidden fees.
  • Plain-English explanations. We explain legal concepts in a way that makes sense. No jargon, no intimidation—just clear answers to your questions.
  • Local knowledge. We know Baldwin County, we know Alabama law, and we know the specific considerations that affect Eastern Shore families.

Our Spanish Fort Office Serves the Entire Eastern Shore

Our Spanish Fort office is located at 9809 Millwood Circle, Suite B, Spanish Fort, Alabama—just minutes from I-10 and easily accessible from Daphne, Fairhope, Point Clear, and Montrose. We also maintain offices in Orange Beach and Foley for clients in southern Baldwin County.

Virtual appointments are also available for clients across Alabama who prefer to meet from home.

Start a Conversation About Your Estate Plan

Estate planning is an opportunity to do something meaningful for your family. At The Law Offices of Brenton C. McWilliams, we make the process organized, approachable, and even a little reassuring. Our goal is to help you walk away feeling confident that your family is taken care of.

Call our law firm today to start a conversation about safeguarding your legacy. We look forward to learning about your family, your goals, and how we can help.

Frequently Asked Questions

Do I need to update my estate plan after moving to Alabama?

If you created your estate plan in another state, it’s a good idea to have an Alabama attorney review it. While many documents are still enforceable, Alabama has specific rules around wills, powers of attorney, and trust administration that may differ from your previous state. A review can help identify any changes that should be made.

What’s the difference between a will and a trust?

A will takes effect after your death and typically goes through the probate process. A revocable living trust is active during your lifetime, can help your estate avoid probate, and allows a successor trustee to manage assets if you become incapacitated. Both serve important roles, and many estate plans include elements of each.

How often should I review my estate plan?

We generally recommend reviewing your plan every three to five years, or sooner if you experience a major life change like a marriage, divorce, birth of a child or grandchild, retirement, or a significant change in your financial situation.

Does Alabama have a state estate tax?

No. Alabama does not impose a state-level estate tax or inheritance tax. However, federal estate taxes may still apply to larger estates. According to the IRS, the federal estate tax exemption is currently over $13 million per individual, though this threshold is subject to change. An estate planning attorney can help you understand how federal tax rules may affect your plan.

What happens if I pass away without an estate plan in Alabama?

If you die without a will or trust in Alabama, your assets will be distributed according to the state’s intestacy laws (Alabama Code § 43-8-40 through § 43-8-58). This means the probate court—not you—decides who inherits your property. The outcome may not match what you would have chosen, and the process can create delays and added costs for your family.

Serving Families Throughout Baldwin County

The Law Offices of Brenton C. McWilliams provides estate planning services from our three convenient locations. We welcome clients from across Alabama.