Wills, Trusts and Estates
The Law Offices of Davis & Davis, LLC use their experience and knowledge of the law to work with clients who need help with estate planning and administration as well as representation in Probate Court or to contest a will.
- Estate Planning and Administration
- We help our clients to prepare a last will and testament as well as administering wills in order to make sure that they are followed properly and within Alabama’s laws regarding the distribution of assets. Whether a will or trust has been created or not, a lawyer will be needed to assist in probating the will and administering the estate, including appropriate document filings in Probate Court and tax return preparation.
- Estate and Trust Litigation
- Unfortunately, sometimes family members or others can interfere with someone’s right to receive assets or property left to him or her, a will may have been prepared under suspicious circumstances, or the deceased’s intentions aren’t easy to determine. In these situations, whether it involves a will, trust, joint account, jointly held property, or wrongfully changing life insurance beneficiaries, it is important to retain an attorney who will work with you to present your case and protect your rights. If you are seeking part of an estate you are entitled to, are an executor being asked to defend a will’s validity, or in need of an attorney for estate litigation, call us today.
- Probate
- The Law Offices of Davis & Davis, LLC represent personal representatives and beneficiaries in the Alabama probate process, including probate administration and probate litigation. Typically, probate litigation is the process to challenge the last will and testament after receipt of a Notice of Administration provided by the Personal Representative to an estate. Probate administration is the process of passing a deceased person’s assets to his or her heirs. During this difficult time, it is best to retain an attorney with knowledge of Alabama’s probate laws in order to ensure a smooth estate administration process and avoid lengthy litigation.
- Will Contests
- Alabama probate court allows for wills to be challenged on a number of grounds. These include a lack of proper formalities (such as being signed by an appropriate number of witnesses or properly drafted in accordance with applicable requirements), lack of capacity (such as having mental competency to understand one’s assets and the people to whom the assets are distributed), and undue influence (such as when someone is compelled or coerced to execute a will through improper pressure who, in many cases, is a new friend or acquaintance of the decedent). In these cases, it is imperative to consult with an attorney as quickly as possible.
