We provide client services in drafting wills, trusts, powers of attorney, and healthcare directives. We also help clients probate estates, and handle conservatorships and guardianships.
Providing Trusted Legal Representation
Let us help you with your estate planning and probate needs. reach out to the Semmes Law Firm today to learn how we can help.
CONTACT US TO SCHEDULE A CONSULTATION: 251-317-0117
Estate Planning Services
Our goal is simple – we want to provide you with the best estate plan that will achieve your goals, and do so in the most economical manner that we can to accomplish your goals. Whether it’s a simple will, or a complicated situation, we believe that we can provide you with the service that you need.
There are four main areas / documents that must be considered when developing an estate plan – a will, trusts (if needed), power of attorney, and healthcare directives.
Wills
Wills are an essential part of your estate plan. A properly drafted will coordinates your wishes in the distribution of your assets to your loved ones after your death, and can appoint guardians for minor children. If you fail to have a will, the laws of the State of Alabama will determine how your assets are distributed. If you have minor children and pass without a will, the courts will decide who will have custody or guardianship over your minor children. There are some assets that may pass outside of probate (and not be affected by what you list in your will) such as life insurance, retirement benefits, and land that is held in joint right of survivorship. You need to discuss all of your assets with an attorney when drafting your will to ensure that your wishes are met.
Trusts
In addition to a will, a trust my be used to direct to whom your assets will be distributed. There are many types of trusts, and there are times where a trust may not accomplish your goals. Trusts are not a ‘one size fits all’ document that everyone will need. You should have an in-depth discussion with an attorney to see if a trust is something that will assist in your estate plan. Some of the types of trusts are:
- Living Trust / Revocable Trust
- Medicaid / VA Planning Trusts
- IRA Beneficiary Trust
- NFA Firearms Trust
- Life Insurance Trust
- Gift Trust (Educational or Spendthrift)
- Special Needs Trust
- Charitable Remainder Trust (Annuity / UniTrust)
- Charitable Lead Annuity Trust
- Qualified Personal Residence Trust
- Foundation / Endowment Trust
- Intentionally Defective Grantor Trust
Power of Attorney
Wills only allow a loved one to act on your behalf if you are deceased. While you are alive, a will has no effect on your assets, and it does not give any legal power to another to act on your behalf. A power of attorney will allow someone to act on your behalf if you are not able to do so yourself. Powers of attorney can give broad power to another (e.g. ‘I give John Doe the power to do anything that I can legally do’), or can be narrowly tailored to a specific situation (e.g. ‘I give John Doe the power to sell my car to Jane Doe for $200 on April 1 of next year’). For most persons, we would recommend a general durable power of attorney to allow a loved one to act on your behalf should you ever become unable to do so for yourself. This general durable power of attorney would allow that person to make all non-healthcare decisions for you while you are unable to do so yourself.
Healthcare Directives (Living Will)
Healthcare Directives (also known as a Living Will) allow you to make decisions about life-sustaining treatment should you be unable to tell your medical providers (doctors or hospitals) yourself. This document will also allow you to select healthcare proxies to make those life-sustaining decisions for you.
Probate Services
In addition to estate planning services we also assist clients with managing their loved ones’ estates and distributing assets through the probate process. If your loved one passes away with a will (known as a ‘testate estate’) or if they pass away and there is no will (known as an ‘intestate estate’) we can help you through the probate process and make sure that you fulfill your obligations to the estate and to the court.
The probate process can be complicated. Do you need to file an inventory or get a bond? Whose consents do you need to open and close the estate? What about estate taxes? Do you need to notify creditors? Who gets what asset and when can you distribute the assets? All of these are reasons that you need a competent attorney to guide you through the process. We would be glad to discuss your options to see how we can help.