Estate Administration

Why should you draft a last will and testament?

A will is a precise written statement of what is to be done with someone's property and possessions after he or she dies. When someone dies "intestate," the laws of our state decide the distribution of a decedent's possessions. Intestate means "without a will." Most states require wills to include a legal signature and the signature of one or more witnesses. If there is a dispute over a will regarding content or validity, the will enters may not be followed. At Nancy Kirby Law Office, LLC we patiently explain the legal requirements of a will and help you to understand the benefits of estate planning.

Understanding probate and probate litigation

A probate proceeding takes place in a civil probate court. Among other things, a probate proceeding settles debts and titles to property passed from a decedent to the heirs. Probate is a technical branch of the law. Depending upon the specifics of the case, there are a number of people that may become involved in the probate administration of the decedent’s estate, including:​

• Probate and/or Circuit court judge

• Executor

• Executor’s attorney

• Those filing claims in the probate proceeding relative to debts incurred by the decedent during his or her lifetime, such as credit card issuers and health care providers.

• Internal Revenue Service (IRS)

• Heirs

• Next of kin

When should you create a trust?

Many people think that trusts are only for the wealthy. While tax savings can be an initial factor in forming a trust, many people create trusts to preserve control, increase protection, to aid in gifting or to simplify their finances. A trust helps to ensure that the assets you've amassed over your lifetime are protected and passed to your beneficiaries how and when you want. Other substantial benefits afforded by trusts may include:

• Supply you with income from the trust assets

• Provide for management of your financial matters if you become incapacitated

• Help avoid the expense and delay of probate proceedings after your death

• Provide tax savings

• Enable structured charitable giving

 

Call one of our Central Alabama offices today for help with your estate planning needs

 

Nancy Kirby Law Office, LLC offers nearly 20 years’ experience in central Alabama, mostly in Autauga, Elmore, Coosa, Tallapoosa, and Montgomery Counties. Put our experience and expertise to work for you by contacting us today. You can reach us by calling our office or contact us online today.