Regardless of how much property you own, a Last Will and Testament is something every person should have. Upon submission to the Court, this document will direct the Probate judge to distribute your property exactly how you have described in your will. 

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Do I really need a Will?

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Unless you are confident that your heirs will be able to reach an amicable agreement as to who gets what, our firm recommends that you consult an attorney in drafting this document. 

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A "will" ensures that your property is disposed of in the way that you wish, thereby removing the burden of your children being forced to make that decision unanimously.

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In the event that your children can not reach an agreement, the Probate Judge will order that the property be divided pursuant to the Alabama Laws of Intestate Succession. Usually at this point, several thousand dollars will have been poured into surety bonds, court costs, and attorney fees.

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How does a Will make it easier on my loved ones?

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• Minimizes financial burden​

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• Should you end up in probate court, certain probate procedures can be bypassed through a properly drafted Will.

• Specifically, an attorney who is familiar with Title 43, otherwise knows as the "Alabama Probate Code", can include langauge that exempts the court from undertaking otherwise required procedures that can involve hundred or thousands in attorney fees and court costs.

• A will can exempt a personal representative from posting a surety bond

• A will can exempt a personal representative from seeking court approval for (e.g. selling property to pay for bills, etc.)

• A will can exempt a personal representative from submitting annual reports and inventories, which in turns, saves the estate significant funds​​.

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• Minimizes emotional toll on family

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• Family members are not left to dealt with having to decide "who gets what".

• Financial consequences associated with opening an intestate estate (the type of probate procedure when no will exists) would otherwise not apply. 

• A will can exempt a personal representative from posting a surety bond

• A will can exempt a personal representative from seeking court approval for (e.g. selling property to pay for bills, etc.)

• A will can exempt a personal representative from submitting annual reports and inventories, which in turns, saves the estate significant funds​​.

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Can't I save some money by going online and paying a website to draft my Last Will and Testament?

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You can most likely save some money by going this route. However, a person needs to exercise extreme caution when putting their trust into an online, out of state company whose business revolves around drafting cookie cutter documents for people all across the country. 

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More importantly, these online companies do not have licensed attorneys drafting your estate documents. In fact, most of these companies even include a disclaimer at the bottom of their website stating that they are not lawyers and do not give legal advice.

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