This Alabama estate planning FAQ collects the questions we hear most often at the consultation table — about wills, powers of attorney, living wills, and probate. If your question isn’t here, or you’d rather work through it in person, call our Orange Beach office at 251-432-6691 for a free consultation.

Alabama Estate Planning FAQ: The Basics

Do I really need an estate plan? I’m not wealthy.

Estate planning is rarely about wealth. It’s about control: who makes decisions for you when you can’t, who inherits, who raises your minor children, who can access your accounts. The most painful estate-planning failures we see usually involve middle-class families who assumed the issues wouldn’t arise. Every adult should have at least a will, a durable power of attorney, and a living will.

For most Alabama families: a Last Will and Testament, a durable power of attorney with health care powers, a living will (advance directive), and a HIPAA authorization. Some plans also include a revocable living trust, beneficiary designation reviews, and a personal property memorandum. We tailor the package to your situation at the consultation.

A will operates at death, distributing assets through probate. A trust can operate during life and after death, holds assets in the name of the trust, and avoids probate for assets titled to it. Trusts can be revocable (changeable during your lifetime) or irrevocable (locked in). Most families don’t need a trust; some do. We discuss the trade-offs at the consultation.

Any time a major life event happens — marriage, divorce, a child’s birth or adoption, the death of a beneficiary, a significant change in assets, or a move to or from another state. Even without a major event, a review every 5–7 years is a good practice.

Yes — through a “codicil,” a supplementary document that amends the will. A codicil requires the same execution formalities as the original will (two witnesses; a self-proving affidavit is recommended).

In most cases, though, we recommend a new will rather than a codicil. A new will keeps everything in a single document, which makes it far easier to interpret — while a will plus a codicil (or several codicils) raises the risk of conflicts between documents.

The exception is competency. If there is any question about your capacity at the time of the change — or any medical condition that might give an unhappy heir grounds to raise one — a codicil is often the wiser route. If the codicil is successfully challenged, the prior will remains valid and controlling.

A well-drafted will names a successor (and sometimes a second successor) to step in if the first cannot serve. If no successor is named or able to serve, the probate court will appoint someone — often a family member, sometimes a public administrator. Naming successors is a small but important detail.

Alabama generally does not recognize holographic wills. Wills must be signed by the testator and witnessed by two competent adults to be valid (Code of Alabama §43-8-131). Don’t rely on a handwritten note.

Power of Attorney

Yes, if the POA is durable. Under the Alabama Uniform Power of Attorney Act, all POAs are durable by default unless the document states otherwise. A durable POA continues in effect through incapacity until your death.

No. A power of attorney never authorizes the agent to make, amend, or revoke your will — that power belongs to you alone. Certain other authorities, like changing beneficiary designations, exist only if the document expressly grants them, and we draft POAs carefully so your agent has the powers you intend and nothing more.

On the principal’s death (the document loses force at death and the will takes over), on the date stated in the document, on a court order revoking it, or when the principal revokes it in writing while still competent.

The Uniform Act imposes fiduciary duties on the agent and provides remedies (including damages and attorney’s fees) for abuse. If you suspect abuse of a POA — yours or a relative’s — call us. Time matters.

Living Wills & Advance Directives

In some states they are separate documents, and Alabama’s statutory form can combine them. At our firm we typically divide the jobs differently: health care decision-making powers are built into your durable power of attorney, covering any situation where you can’t make or communicate medical decisions — and your living will states your specific wishes about life-sustaining treatment in end-of-life situations. Drafted together, the two cover the full spectrum without overlap or conflict.

Most states recognize out-of-state advance directives, but the rules vary. If you split time between Alabama and another state — common for retirees and snowbirds — we can review the document for cross-state recognition or recommend a parallel directive in the other state.

If they still have decision-making capacity, we can prepare an advance directive now. If capacity is already in question, the path is more complicated and may require a guardianship and/or conservatorship proceeding. The earlier you act, the better the options.

Probate

Most uncontested estates involving a will can close in 6–12 months. Contested estates — where heirs dispute the will, the personal representative’s actions, or specific bequests — can take significantly longer. Good drafting and clear instructions help avoid contests. If the person dies without a will, the process will probably take at least a year (and be much more expensive).

Court filing fees, publication costs, the personal representative’s commission (statutorily capped), and attorney’s fees. For a typical estate involving a will without disputes, total costs are often less than 5% of the estate. For a typical estate that does not involve a will, the costs are much more because the administrator will have to post a bond and will have to periodically prepare and file accountings of the handling of the estate and appear in court with an attorney to present the accounting to the probate judge. We can give a more specific estimate based on the facts.

No state-level estate or inheritance tax. Federal estate tax applies only to estates above a high exemption threshold (adjusted annually for inflation; well into the millions). Most Alabama estates owe no estate tax of any kind.

Sometimes — through joint titling with rights of survivorship, payable-on-death and transfer-on-death designations, beneficiary designations on retirement accounts and life insurance, and revocable living trusts that hold the assets. These tools work well in some situations and create problems in others; we evaluate them as part of the planning conversation. Keep in mind that a will has absolutely no legal effect until/unless it is filed in probate.

Costs and Process

We charge flat fees and quote them at the free consultation, before you decide to engage us. The price depends on the documents you need and the complexity of your situation. There are no hourly bills and no surprises.

A standard estate plan (will, POA, living will, HIPAA authorization) can be drafted, reviewed, and executed in two to three appointments (or phone calls / emails) over a couple of weeks. More complex plans involving trusts, business succession, or out-of-state property may take longer.

Consultations and document reviews can be handled in person, by phone, email, or by video. The final signing will almost always happen in our presence with witnesses and a notary — at our office at The Wharf, or we can come to you for an in-home signing anywhere in South Baldwin County, from Orange Beach and Gulf Shores to Foley and Robertsdale. Although we don’t recommend it, we can even send you the documents with detailed written instructions to have it executed yourself – just be sure and follow those instructions to the letter.

Updating and Reviewing

Yes, please. Old wills, POAs, and advance directives — even if outdated — give us important information about prior intent and what to revoke explicitly. Bring deeds to real estate, beneficiary designation forms for retirement accounts and life insurance, and a list of major assets if you have one.

Often yes, but not always — and even when valid, they may not work the way Alabama law expects. We review out-of-state documents and recommend updates where they would benefit you under Alabama law.

Didn’t Find Your Answer? – Free Consultation

If your question wasn’t covered in this Alabama estate planning FAQ, the first consultation is free. Call our Orange Beach office at 251-432-6691 or use our contact form.

Lattof Injury Law — 4593 Main Street, Suite C-204, Orange Beach, AL 36561 (The Wharf). Phone: 251-432-6691.