Category Archives: Probate Law

Will Contests in Alabama

Our Birmingham probate attorneys have experience preparing wills, probating wills, and even defending or attacking wills in will contest actions.  A will contest is a lawsuit filed with the Circuit Court challenging a will that has been admitted to probate in the probate court.

In order for a will to be valid, it has to be validly executed, which means it has to be in writing and signed by the deceased in the presence of two witnesses.  Additionally, if the witnesses signatures are notarized with a notary seal, then the will is “self proving” meaning it is presumed to have been executed validly.  However, even if a will is not “self proving”, that does not mean it is unenforceable.  It simply means there is no presumption of valid execution, and valid execution must be proven through other evidence.

However, just because the will was validly executed, that does … Read More

The Digital Afterlife

Do you know all of the logins and passwords of your spouse’s accounts? Turns out most of Americans do not. The trend now a day’s is to have a secure financial presence on paper and in the digital world. While having important documents solely on your computer may seem like a good idea, unless the location and passwords are discussed with your spouse all your plans could never be discovered!

There are several options to allow loved ones to gain access to all financial accounts, emails, and files:

1) Create a list (preferably on paper) of all account logins and passwords.

While the usernames and passwords may change at least something is written down and there is a history of accounts and files for dependents. The list can be saved in a journal, with a will, or given to someone trustworthy.

2) Upload information to a secure system.  

Now systems … Read More

Starting Estate Planning Before Marriage

The idea seems crazy. Two people who have yet to be married are already thinking about their will and assets? Yes.

The big day is coming up, everyone is thinking about the gown, food, and decorations but the engaged couple should be thinking just as much on their financial future. Marriage is more than just two people coming together; their finances are merging too. Couples need to consider what to do with their accounts from before the marriage. Couples with career retirement funds, life insurance, and college funds will definitely benefit from planning ahead of time with their wills.

Having a will is something that is going to prevent chaos with an estate after the unfortunate passing of a loved one. Planning a will before marriage will allow the couples and individuals assets to be dispersed as the couple intended.

At Parkman & White our Birmingham probate attorneys will … Read More