Estate Planning & Probate

Estate Planning

Effective estate planning requires more than the preparation of a will. The team of attorneys and paralegals at Gregory Varner & associates can help families navigate the options that are available to help protect their assets, ensure their personal and financial well-being throughout the remaining years of life, and protect their estate upon death.

Families must consider a host of factors when doing “estate planning.” Estate Planning includes much more that the transfer of property at your death. It requires extensive knowledge of probate law, tax law, Medicaid rules, elder law and property rights. An effective Estate plan often must also work around existing federal estate, gift, and income taxation rules and regulations.

An effective Estate plan will likely include a Last Will & Estate, a Durable Power of Attorney, a Living Will. It may also involve trusts for minor beneficiaries, family with special needs, or those with creditor or marital problems. It will include nominations for Guardianship of a person’s children should something disable them from caring for the minor children.

An effective Estate plan will also coordinate your Last Will with your deeds, Payment of Death (POD) designations. A person may have the fanciest last will; however, if it does coordinate with the rest of the plan, it could be a waste of money.

Another critical aspect of estate planning focuses upon long-term care in a nursing home through Medicaid Planning?

Listen to this two-part interview of Greg about Estate Planning and Elder Law.

Part One

Part Two

Probate

Probate can be a seemingly overwhelming process. It is more so because it regularly is needed shortly after the loss of a family member.

Probate is simply the process whereby some one is authorized legally to act on behalf of the deceased. The process is largely dictated by whether the decedant maintained a Last Will at their death. If not, the statutory rules of “intestate succession” determine the disposition of assets.

However, probate fights between siblings often make divorce between spouses seem tame.

The lawyers at the Gregory Varner & Associates represent personal representatives and beneficiaries in the Alabama probate process, statewide.  Our probate services can be divided into the following areas.

  • Probate Administration
  • Intestate Succession
  • Probate Litigation
  • Will Contests
  • Breach of Fiduciary Duty and Beneficiary Rights
  • Ancillary Probate
  • Rights of Surviving Spouses
  • Abuse of a Power of Attorney

Probate represents a sizable portion of the practice at Gregory Varner & Associates. While most only require management assistance and legal direction, some of these matters involve contests requiring particular skill and knowledge of relevant statutory and precedential law.