Last Will & Testaments

Serving Scottsboro and Jackson County

A Will should be written while the person is in good health and free from emotional distress. A common mistake made by many is waiting until a sick family member is suffering from some form of dementia or a catastrophe before urging them to execute a will. This is never a good idea as it will almost always call the person’s capacity into question, which may provide an opening for the Will to be contested.

A last will and testament is the legal document used to communicate how you want your assets to be distributed when you die. You can use a last will and testament to appoint someone as the executor who will oversee the distribution of your property, name beneficiaries, and specify how you want your property divided.

AGE & CAPACITY REQUIREMENTS

In order to execute a Last Will and Testament in Alabama, you must be at least 18 years of age. The person must also be of sound mind. To be of sound mind means to be aware of what property you have in your estate, what you want to do with your property, and you must be able to comprehend how your property will be distributed based on your Will.

DOCUMENT REQUIREMENTS

A last will and testament in Alabama must be in writing and signed by the testator (the person writing the will), or at the testator’s direction and in his or her presence. The will must be witnessed and signed by at least two people. The witnesses must see the testator/testatrix sign the will.

HOW DO I KNOW IF I NEED TO WRITE A WILL?

Any amount of property that you own constitutes your estate. Generally, the size of your estate and family circumstances determines the need for a Will. An estate does not have to be any particular size to justify a Will. It’s extremely important to have a Will if you have children, or property of any kind that you would like to assure will be given to certain people.

WHO MAY DRAFT A WILL?

There is no requirement that a person consult a lawyer before drafting his or her own Will. However, the proper drafting of a Will can be a delicate operation, and it is best to consult someone who has experience. A lawyer can make sure that your Will is legal, and that your property will be given to the people that you intended. A lawyer can also help construct a Will so that your family saves money in administering the estate and reduces their taxes.

MAY A WILL BE CHANGED ONCE IT IS WRITTEN?

A person may change their Will as often as desired. A properly written and executed Will is “good” until it is changed or revoked. Writing a second Will usually revokes the first Will. The following change in circumstances should prompt you to change or revoke your will and create a new one: Marriage, New Partner Without Marriage, Divorce, New Baby or Adopted Child, New Stepchildren, Moving to a New State, Changing Your Mind About Beneficiaries and new or disposed assets.

PROBATE OF WILLS -WHAT DOES PROBATE OF A WILL MEAN?

Probate of a Will is the administration of an estate to ensure that all of the property is disposed of properly.

WHO SHOULD PROBATE A WILL?

Upon the person’s death, anyone named in the Will either as personal representative or as a recipient of property, or any other person with a financial interest in the estate, or the person who has possession of the Will may have the Will proved before the proper probate court. Any person in possession of the Will must, by Alabama law, deliver the Will to the Probate Court or to a person who is able to have the Will probated. A person in possession of the Will can be required to produce it.

WHEN & WHERE MUST A WILL BE FILED FOR PROBATE?

To be effective, a Will must be filed for probate within five years of the date of the testator’s death.  Generally, Wills must be filed for probate in the county where the deceased lived.

Experienced attorney for last will and testaments in Scottsboro and Jackson County

For help with last will and testaments, call DUNSMORE & BENSON at 256-574-9999 to schedule your free consultation.