Planning ahead, and handling what wasn't planned
This practice covers both ends of the same problem: putting a plan in place while you're able, and administering an estate in probate court when a family member passes with or without one. Both are handled routinely in the Mobile County Probate Court and the probate courts of surrounding counties.
Estate planning
A complete plan for most families is a short list of documents, each doing a specific job:
- Last will and testament: who inherits, who serves as personal representative, and who raises minor children
- Durable power of attorney: who handles your finances if you can't
- Advance directive for health care: your medical wishes and the person authorized to speak for you
- Deed work: survivorship deeds and other tools for how real property passes
- Trusts: where the situation calls for one, including planning for minor beneficiaries, blended families, or long-term care concerns
Most planning packages are flat fee, quoted in writing before the work begins. Without a will, Alabama's intestacy statutes decide who inherits, and the statutory result frequently isn't what the family assumed. Blended families are hit hardest by those defaults.
Probate administration
When someone passes, their will must be admitted to probate before it has legal effect, and Alabama law requires a will to be offered for probate within five years of death. The court appoints a personal representative, who then has real work to do: marshaling assets, publishing notice to creditors, paying valid claims, and distributing what remains. Creditors generally have six months from the grant of letters to file claims, which sets the minimum timeline for most estates.
The firm guides personal representatives through each step, prepares the filings, and handles the problems that come up along the way, from a house that needs to be sold to an heir who can't be located. For modest estates, Alabama's small estate procedures can shortcut the full process, and it's worth finding out early whether an estate qualifies.
When probate turns into a fight
Will contests, disputes between heirs, and questions about what a caregiver did with an elderly parent's money all land in probate court too. These cases blend estate law with litigation, and the firm handles both sides of that line.
Frequently asked questions
What happens if I die without a will?
Alabama's intestacy statutes control, splitting property among spouse, children, or parents by formula. The result often surprises families, particularly blended ones. A will puts you back in control.
How long does probate take?
Plan on at least six months, because that's how long creditors have to file claims after the personal representative is appointed. Disputes or hard-to-sell assets extend it.
Can my family avoid probate?
Often in part. Beneficiary designations, survivorship deeds, and trusts pass assets outside probate, and small estates may qualify for a simplified process. The right structure depends on what you own.
Do I need a trust or just a will?
It depends on your assets and goals. Many families are fully served by a will-based plan. Trusts earn their cost in specific situations, and you'll get a straight answer about whether yours is one of them.