Wills & Estates

Chess PiecesAfter a lifetime of hard work and planning it is important to find experienced attorneys who can help you make sure your assets pass to your loved ones in the manner you choose and in compliance with Alabama law.

If you decide to not make a will, you do not have any say as to how your property will be distributed. The State of Alabama will decide the issue and you may not like the result. For instance, if you die without a will, your administrator cannot carry on a business of the decedent without express approval by the court. The authority of the Probate Court to approve the operation of a business is extremely limited and in most instances the business will probably need to be sold. Furthermore, by having a will, you can save your loved ones serious expense by relieving them of the requirements of having to post a costly bond, filing an inventory, and having an appraisal made of all the property. By having a will you will decrease the probate expenses to your estate.

It is also important to note that a person may change a will as often as he or she desires. Changes are made by either executing a new will, which revokes or replaces a prior will, or by executing a legal addition or amendment called a codicil. It is advisable to consult your attorney any time a new will or codicil is necessary.

The attorneys at Cusimano, Roberts & Mills have experience in drafting wills, codicils, and other estate planning documents such as powers of attorney and advanced health care directives, or living wills. We also have experience in probating and administrating estates and trusts. Because of the firm’s extensive litigation experience, we are in position to handle complex litigation arising out of challenges and contests to wills.