Estate planning is the development of a plan to manage your financial and healthcare decisions. Elder law is the system of laws and rules which affect the lives of older individuals and their families. I help families through the legal process of transferring ownership of property following death. Brenton C. McWilliams is an attorney serving clients in Orange Beach, Gulf Shores and Foley.
Mr. McWilliams also serves clients throughout Baldwin County, Mobile County and the rest of the State of Alabama. Prior to opening his firm in Orange Beach, Mr. McWilliams was a partner in one of Tuscaloosa, Alabama's oldest law firms concentrating in real estate, estate planning, probate and business needs. Mr. McWilliams has previously served as the city attorney for a local municipality and was appointed as a Deputy Attorney General for the State of Alabama.
Mr. McWilliams is admitted to practice law before all courts in the State of Alabama, as well as the U.S. District Court for the Northern District of Alabama.
Mr. McWilliams also serves clients throughout Baldwin County, Mobile County and the rest of the State of Alabama. Prior to opening his firm in Orange Beach, Mr. McWilliams was a partner in one of Tuscaloosa, Alabama's oldest law firms concentrating in real estate, estate planning, probate and business needs. Mr. McWilliams has previously served as the city attorney for a local municipality and was appointed as a Deputy Attorney General for the State of Alabama.
Mr. McWilliams is admitted to practice law before all courts in the State of Alabama, as well as the U.S. District Court for the Northern District of Alabama.
Services
The need for a will is what brings most people to estate planning.
Everyone needs a will.
Some individuals may need more complex planning in addition to the will, but the will is an indispensable element of the estate plan, even if the will is only in place as a back-up mechanism.
Although there's generally more to it, at a minimum a will is a set of instructions as to what will happen to your property on your death.
The will also serves as the legal document to carry out the property transfer.
Everyone needs a will.
Some individuals may need more complex planning in addition to the will, but the will is an indispensable element of the estate plan, even if the will is only in place as a back-up mechanism.
Although there's generally more to it, at a minimum a will is a set of instructions as to what will happen to your property on your death.
The will also serves as the legal document to carry out the property transfer.
A revocable living trust provides an alternative method to distribute an estate.
The use of a trust may avoid the need for probate and, if necessary, allow the means to exercise additional control over estate property after death.
The most common method of leaving an estate to heirs is through a last will and testament.
The will must be admitted to probate court, and an executor is appointed to complete the property transfer according to the instructions of the will.
A trust sidesteps the probate court because it continues beyond the death of the person making the trust, the settlor.
The use of a trust may avoid the need for probate and, if necessary, allow the means to exercise additional control over estate property after death.
The most common method of leaving an estate to heirs is through a last will and testament.
The will must be admitted to probate court, and an executor is appointed to complete the property transfer according to the instructions of the will.
A trust sidesteps the probate court because it continues beyond the death of the person making the trust, the settlor.
A power of attorney is a document used to appoint another person (your agent) to carry out certain transactions.
The person who grants the power to the agent is the principal.
The power of attorney specifies the different authorities granted by the principal to the agent.
The power of attorney may be effective immediately or "springing."
A springing power of attorney becomes effective on the happening of some future event, for example, the incapacity of the principal.
A springing power of attorney is typically used for incapacity planning as part of modern estate planning.
The person who grants the power to the agent is the principal.
The power of attorney specifies the different authorities granted by the principal to the agent.
The power of attorney may be effective immediately or "springing."
A springing power of attorney becomes effective on the happening of some future event, for example, the incapacity of the principal.
A springing power of attorney is typically used for incapacity planning as part of modern estate planning.
With a health care power of attorney, you can appoint a person to make medical decisions for you in the event that you are not able to make them for yourself.
In some situations, a health care power of attorney created in advance can serve as a substitute for the more complicated process of appointing a guardian.
A health care power of attorney is an essential component of incapacity planning which should be part of every estate plan.
The person who creates the health care power of attorney is generally referred to as the principal.
In some situations, a health care power of attorney created in advance can serve as a substitute for the more complicated process of appointing a guardian.
A health care power of attorney is an essential component of incapacity planning which should be part of every estate plan.
The person who creates the health care power of attorney is generally referred to as the principal.
Reviewing and possibly changing your beneficiary designations is an important part of comprehensive estate planning.
Most accounts, life insurance and other financial products allow the owner to designate one or more beneficiaries who will receive the death benefit or the assets within the account on the death of the account owner.
The beneficiary designation function is usually built into the account agreement with the financial institutions.
If everything is set up correctly, the account or insurance policy benefit will transfer directly to the beneficiary without the need for probate.
Most accounts, life insurance and other financial products allow the owner to designate one or more beneficiaries who will receive the death benefit or the assets within the account on the death of the account owner.
The beneficiary designation function is usually built into the account agreement with the financial institutions.
If everything is set up correctly, the account or insurance policy benefit will transfer directly to the beneficiary without the need for probate.
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