Last Will & Testament Attorneys in Birmingham

Drafting, Review & Modification Services

Creating a last will and testament is a crucial step to help provide for your loved ones and outline your final wishes. A will allows you to clearly outline how your assets should be distributed, name guardians for minor children, and minimize the burden on your family during a time of grief. Without a valid will, Alabama law dictates how your estate will be divided through the arduous and often stressful probate process, which might not align with your personal wishes. Taking the time to put your intentions in writing gives you peace of mind, knowing your affairs are in order.

At Brad J. Latta Law Office, we provide you with compassionate, expert guidance in drafting a personalized, specific, and detailed will. We take pride in offering a tailored approach to estate planning so every detail will reflect your unique circumstances and desires. With years of experience working with Alabama’s estate planning laws, we are committed to making your vision a reality with clarity and professionalism.

Call us at (205) 236-7134 today to discuss your last will and testament needs. We proudly serve customers throughout Birmingham and the surrounding areas.

Drafting a Last Will and Testament

Crafting a last will and testament is a critical step in setting up how to care for your loved ones by dictating how your assets will be distributed once you have passed away. A will typically includes provisions for the distribution of your property and assets, the appointment of a guardian for minor children, and the designation of an executor to carry out the terms of your will. Outlining these details helps protect your family and minimizes potential disputes over your estate.

Under Alabama law, for a will to be considered valid, certain requirements must be met. According to Alabama Code Section 43-8-131, a will must be in writing and signed by the testator (the person making the will) or by someone else in their presence and at their direction. Additionally, the testator must be at least 18 years old and of sound mind, and the document must be witnessed and signed by at least two individuals who are competent and present at the same time.

Some of the benefits of creating a will for your estate include:

• Asset protection: A will creates a framework for distributing your assets according to your wishes.
• Guardianship decisions: A will can appoint a trusted guardian to care for your minor children.
• Avoid probate confusion: A will can dramatically simplify the probate process, helping it move much faster and come to a conclusion with less delay.
• Reduce family disputes: A will can provide clear instructions to avoid conflicts or misunderstandings.
• Peace of mind: A will can provide you with peace of mind, knowing your loved ones are protected and provided for.

It's important to note that while a Will does solidify your wishes and enshrine them in a legally binding document, they are not infallible. The validity of a will can be challenged, and some common mistakes that a number of DIY or "easy" will drafting alternatives are prone to can mean that your will is either mitigated or thrown out entirely if challenged effectively. For this reason, we strongly recommend seeking assistance from a skilled, experienced, and detail-oriented attorney who can help codify your wishes accurately and distinctly in order to minimize the chances of a protest or other delay causing stress for your loved ones.

Modifying a Last Will and Testament

Life is full of changes, and your last will and testament should reflect those changes to remain accurate and effective. Whether you’ve experienced a major life event such as marriage, divorce, the birth of a child (or grandchild), or significant shifts in your financial situation, it’s essential to review and update your will to keep it aligned with your current wishes.

Modifications, often referred to as codicils, must meet specific legal requirements in Alabama to be considered valid and enforceable. Under Alabama Code Section 43-8-132, any modifications to a will must follow the same legal standards as the creation of the original document. This means they must be in writing, signed by the testator, and witnessed by at least two competent individuals present at the same time.

A codicil is often used for minor changes, but more extensive changes may necessitate drafting a completely new will. At Brad J. Latta Law Office, we approach every modification with diligence and care, knowing how important it is that your wishes are upheld. Our attorneys will guide you through the process to make sure that every change complies with Alabama law and is tailored to your unique circumstances. We take the time to listen, understand your needs, and craft solutions that reflect your evolving priorities.

Contact us today for a consultation about modifying your last will and testament. Call (205) 236-7134 to ensure your wishes are always kept up to date.