Entries by Davis, Davis & Associates

Why You Should Avoid Probate

I have found that many people mistakenly believe that having a Will allows their loved ones to avoid probate court, which is simply not true. The only place for a Will to go is to the probate court and, in fact, you are legally obligated (in Alabama, at least) to submit a Will in your […]

Estate Planning for Remarriage in Alabama

According to the CDC, in 2021 a total of 689,308 divorces occurred across the 45 reporting U.S. states. During that same year, 1,985,072 marriages occurred, making the U.S. marriage rate 6 per every 1,000 people. As you can imagine, many of those individuals go on to remarry, at which time families blend, finances and assets […]

Will Contests: What You Need to Know

When a loved one passes away (if they have a Will), his or her estate will likely go through the court-supervised probate process where the assets of the decedent are managed and distributed. The length of time needed to complete the probate process will depend on the size and complexity of the estate and the […]

Life Estates: What You Need to Know

The term “life estate” often comes up in discussions of estate planning and Medicaid planning, but what exactly does it mean? A life estate is a form of joint ownership that allows one person (or a couple) to remain in a house until his/her/their death, at which time it passes to the successor (often a […]

Alabama Small Estate Summary Distribution: An Overview

It’s not uncommon for individuals to have pared-down the assets that comprise their estate as they get into older age. Many times, people will sell their homes and live in a rental, they may have also sold their vehicle if they no longer drive, and they also may have reduced their personal belongings significantly by […]

Who Handles My Funeral Arrangements?

When it comes to estate planning and end-of-life planning, there can be so many questions to answer and so many decisions to make—all centered on one’s own mortality—that it can be overwhelming and, frankly, depressing at times. So, it’s no wonder that thinking about, or planning for, one’s burial or cremation often falls to the […]

The Benefits of Using a Corporate Trustee

If you’ve chosen to utilize a trust for estate planning or asset protection purposes, you probably already know that the most important part is, arguably, choosing a trustee. While some people name themselves, a family member, or a trusted friend, others prefer to select a financial institution to fulfill this important role.  When deciding whether […]

A Guide to Ancillary Probate

A probate proceeding in Alabama is the court-supervised process of administering one’s estate. When someone dies owning property in multiple states, an ancillary proceeding may be necessary.  Ancillary probate refers to a court proceeding that’s required in addition to the primary probate process that takes place in the home state of the decedent. This secondary […]

Medical Debt After Death: Who’s Responsible?

Oftentimes when a loved one passes away, there’s remaining medical debt due to a hospital stay or time spent at a nursing home. So, the question becomes, who is responsible for paying that debt? Generally speaking, any and all debts incurred by the decedent remain their debts even after death, but they must now be […]