Experienced Alabama Estate And Will Attorneys

At Hornsby & Hornsby, Attorneys at Law, we understand that estate planning and probate matters are not just legal issues; they are personal journeys that affect families and future generations.

We are Bobby Hornsby and Matthew Hornsby, a dedicated father-son team with over 40 combined years of legal experience to guide you through every step of your estate planning or probate needs. We are here to ensure that your estate matters are handled with the utmost care and professionalism.

If you are considering drafting a will, establishing a power of attorney or navigating the probate process, do not hesitate to contact us. You can reach us at 205-856-1000 or through our online contact form to schedule a consultation. Our office is in Trussville, and we serve the greater Birmingham area.

How A Will Can Help Preserve And Safeguard Your Assets

Creating a will is a crucial step in managing your assets and ensuring that they are distributed according to your wishes. By consulting with a knowledgeable will attorney, you can create a robust estate plan that includes not only a will but also other essential documents. If you don’t have a will, when the time comes, the state of Alabama will decide how your property is distributed, which may mean that your assets won’t go to the individuals you want them to.

Here are some benefits of having a will:

  • Control over the distribution of your assets
  • The ability to nominate guardians for minor children
  • A potentially simpler and faster probate process

Failing to have a will can lead to unintended consequences, including family disputes and assets passing to unintended beneficiaries. Secure your legacy by creating a will that reflects your wishes. Talk to an experienced will attorney today.

Powers Of Attorney In Alabama

A power of attorney is a vital document in estate planning that authorizes someone you trust to make decisions on your behalf. We are experienced estate planning attorneys who can assist you in drafting a power of attorney that meets your specific needs. Types of powers of attorney include the following:

  • General power of attorney: This grants broad powers to an agent (the person designated to act on behalf of the principal) to handle a wide range of legal, financial and personal affairs. It is used when you become unavailable or incapacitated temporarily.
  • Durable power of attorney: Similar to a general power of attorney in terms of the breadth of powers granted, the key difference is that a durable power of attorney remains in effect even if the principal becomes mentally incapacitated. This type is crucial for long-term planning.
  • Financial power of attorney: This authorizes the agent to manage your financial affairs. Responsibilities can include handling bank transactions, managing investments, paying bills and other financial matters. It ensures financial continuity when the principal is unable to manage their finances.
  • Medical power of attorney: Also known as a health care power of attorney, this allows an agent to make health care decisions on your behalf if you become incapacitated and are unable to make these decisions yourself. It is essential in ensuring that your health care preferences are respected.
  • Limited power of attorney: This grants the agent authority to act on behalf of the principal in specific situations only. It is often used for one-time financial transactions or legal matters when you cannot be present. The powers end at a time specified by the document or once the specified task is completed.
  • Springing power of attorney: This type of power of attorney “springs” into effect under circumstances defined in the document, typically when the principal becomes incapacitated. It offers you control over when the power of attorney becomes active, based on specific conditions.

Each type serves different purposes, from broad authorization to specific, conditional powers. It is crucial to choose the right agent and keep your documents updated over time.

Estate Administration/Probate Overview

The role of an executor or estate administrator is pivotal in the probate process. Responsibilities include:

  • Probating the will
  • Identifying and marshaling assets
  • Paying debts and taxes
  • Distributing assets to beneficiaries
  • Preparing accountings

We are probate lawyers who provide comprehensive guidance to ensure that the estate is administered smoothly and according to the decedent’s wishes. We can help at each step of the process or handle probate entirely for you.

What To Expect In The Alabama Probate Process

The probate process involves several key steps:

  • Locating and filing the will
  • Filing a formal application for probate
  • Appointing a personal representative
  • Validating the will
  • Assessing assets and debts
  • Notifying creditors and beneficiaries
  • Settling debts and taxes
  • Distributing the remaining assets

Understanding these steps helps prepare for the responsibilities and challenges of probate. A probate lawyer from our firm can handle as little or as much of the process as you wish.

Frequently Asked Questions About Estate Planning And Probate In Alabama

Below are answers to some common questions about estate planning and probate.

What are the requirements for a will to be valid in Alabama?

In Alabama, for a will to be considered valid, it must be written by an individual who is at least 18 years old and of sound mind at the time of the drafting. The will must be written (typed or handwritten), and it must clearly state the person’s intentions regarding the distribution of their assets after death.

The testator (the person making the will) must sign the document in the presence of at least two witnesses, who are neither beneficiaries nor spouses of beneficiaries. These witnesses must also sign the will, affirming that they observed the testator signing the will voluntarily and under no duress. This process ensures the legality and enforceability of the will in probate court.

What happens to a house in probate in Alabama?

In Alabama, if a house is part of an estate in probate, the executor or administrator assigned by the court is responsible for managing the property. This management includes maintaining the house and ensuring that taxes, mortgages and other expenses are paid.

The executor may decide to sell or rent the house if it is deemed beneficial for the estate and if the probate court approves such actions. The proceeds from the sale or rental go toward settling debts and distributing the remainder according to the will or, if there is no will, state law.

Can someone access money from the deceased’s bank account to pay the estate’s bills?

Yes, in Alabama, the executor or administrator of an estate can access the deceased’s bank accounts to manage and settle the estate’s financial obligations. This includes paying bills, debts and taxes related to the estate.

However, to access these funds, the executor must first receive authorization from the probate court, which is typically granted during the probate process. This ensures that all financial transactions are tracked and managed legally and transparently, safeguarding the estate’s assets for beneficiaries. A probate lawyer can help you obtain this authorization.

How long do you have to file probate after a death in Alabama?

While Alabama law allows probate to be filed within five years after death, it is highly recommended to initiate the probate process as soon as possible following the death.

Prompt filing facilitates the efficient management and distribution of the estate and helps prevent legal complications or disputes among heirs. Early probate filing ensures that the executor can begin managing the deceased’s assets and liabilities in a timely manner, which is particularly important for maintaining the value of the estate’s assets.

Delaying probate can lead to unnecessary property depreciation, the accumulation of debts and potential conflicts that could complicate the distribution process. Additionally, creditors have a limited time frame in which to make claims against the estate, and starting the probate process promptly can help resolve these claims more efficiently.

Ultimately, initiating probate soon after the deceased’s passing facilitates a smoother transition of assets to the beneficiaries and helps ensure that the final wishes of the deceased are honored without undue delay or legal hurdles.

Are there any assets that do not go through probate?

Yes, in Alabama, certain types of assets can bypass the probate process entirely. These include assets held in a trust. A trust, whether revocable or irrevocable, owns the assets within it, so they pass directly to the beneficiaries named in the trust documents without probate.

Additionally, assets with assigned beneficiaries – life insurance policies, most retirement accounts and payable-on-death (POD) or transfer-on-death (TOD) accounts – also avoid probate. These assets are transferred directly to the named beneficiaries upon the owner’s death.

Lastly, property owned jointly with rights of survivorship will automatically transfer to the surviving owner(s) without the need for probate. This often includes homes and other real estate properties but can also apply to certain bank accounts and other assets.

Can a person avoid probate in Alabama?

Yes, it is possible to avoid probate in Alabama through careful estate planning. One common method is through the creation of a living trust, where you transfer your assets into the trust and designate beneficiaries who will inherit the trust assets upon your death. The assets in the trust then pass directly to the beneficiaries without going through probate.

Another strategy is joint ownership of property with the right of survivorship. When one owner dies, the property automatically passes to the surviving owner(s), again bypassing probate.

Additionally, designating beneficiaries on financial accounts such as life insurance, retirement accounts and bank accounts that offer payable-on-death options can also help avoid probate. These tools not only simplify the transfer of assets but can also provide tax benefits and greater privacy for your estate.

Contact Our Experienced Team Today

For personalized guidance and professional support with your estate planning and probate needs, contact Hornsby & Hornsby, Attorneys at Law. Call us at 205-856-1000 or use our online form to schedule a consultation with an experienced will attorney. We are here to help you secure your legacy and provide peace of mind for your future.