Estate and Probate Lawyers
Setting a goal is not the main thing. It is deciding how you will go about achieving it and staying with that plan. ~ Tom Landry
Planning is the vital ingredient for success in benefits, tax, trusts, and estate law. Our lawyers in this practice area hold advanced taxation degrees and are skilled in assisting businesses, trustees, and individuals in their ERISA, tax, trust, and estates matters.
Our retirement plan services include:
- Designing custom pension
- 401(k), 403(b) and ESOP plans for small, medium, and large employers
- Prototype plans
- Obtaining IRS determination letters on plan qualification
- Ensuring compliance
- Advising administrators and trustees on IRS and ERISA issues
- Representing plans in IRS and DOL audits
- Assisting plans through IRS voluntary correction programs to regain qualified status
- Merging or terminating plans
- Implementing welfare benefit plans, including cafeteria plans
For our business clients, we provide advice about entity formation choices, business acquisitions, and sales, as well as the tax and legal issues associated with acquiring, owning, and selling business assets. We regularly advise our healthcare clients on tax matters, including obtaining and protecting 501(c)(3) tax-exempt status.
What You Need to Know About Probate Law
Probate law comes into play when you lose a loved one. The Alabama probate process is designed to take care of dividing the estate among appropriate parties, and each state has specific requirements and deadlines. Probate legally ensures that the deceased person’s wishes are followed whether or not there is a will and guarantees that all state laws are obeyed.
The State of Alabama requires every will to go through probate unless the property or estate is passed directly to another person or if the entirety of the estate’s assets is placed in a living trust. This process is more straightforward for small estates such as those totaling less than $25,000, but the length of probate depends on several factors, including if a family member contests a part of the will. If the deceased person has a surviving spouse, joint assets will go to them.
You can ensure speedy probate or avoid the process altogether with the help of our lawyers at Johnstone Adams, LLC. We can create a living trust naming your beneficiaries.
What You Need to Know About Estate and Elder Law
Our attorneys can help you file the necessary paperwork correctly to make sure your estate passes to the appropriate parties after your death and create a living trust to avoid the costly and lengthy probate process.
It’s essential that you make legal arrangements for your assets. Without a will or any type of prepared documents, your estate will go to your closest relatives under Alabama’s intestate succession. A surviving spouse and children will split your assets, or your children will inherit the entire estate if your spouse has also passed. If you have no children, your spouse and parents may receive the whole estate or partial. Siblings may qualify if there are no other close family members.
It’s in the best interest of your entire family to complete your estate planning while you are of sound mind and have a good quality of life. Our attorneys can make certain your end-of-life wishes and desires for the division of your estate are followed.
If your mental and physical health degrades as you age, Elder Law ensures your wishes for the end stages of your life are followed, such as establishing at-home care instead of a live-in nursing home or long-term care facility. You must also choose and file your Power of Attorney, so your rights are preserved through someone you trust.
A living will and advanced health care directives must be completed as part of this process. These documents help guide your family and treating physicians when essential medical choices must be made. Preparing for these situations lifts the burden of making difficult decisions on your behalf because your loved ones know your wishes.
Contact Our Experienced Lawyers in Mobile
Johnstone Adams LLC has been ranked Best Lawyers® “Best Law Firms” in the region for 12 practice areas in 2022. We’ve helped clients for over a century and provide a wide range of specialties with decades of combined experience. Our broad interests allow us to serve individuals and companies with the legal help they need personally and professionally.
Contact our Mobile, Alabama office today at (844) 682-7682 or fill out our online contact form.