Estate Planning and Probate

For individuals and families in the Fairhope – Mobile region, Trice Law Group LLC provides personalized estate planning services, including wills, trusts, durable powers of attorney, and advance directives for healthcare. The firm also helps families and personal representatives with probate administration of estates and guardianships and conservatorships in Baldwin County and Mobile County.

The Trice Law Group Difference

Attorney David Trice, founder and owner of the firm, applies over a decade of law practice experience in guiding clients through the estate planning and probate processes. As a native of Alabama who grew up in Fairhope, David has a very special connection to the people and the area where he chose to practice law and settle with his family. His local roots provide a strong natural foundation for his law practice.

David’s approach to estate planning reflects a perceptive understanding of the deep personal significance to clients of determining distribution of property after death and of settling a loved one’s estate. His approach puts clients at ease, while his exceptional professional ability to communicate complex legal concepts in understandable terms creates a comfortable working relationship throughout the process.

Things to Consider in an Alabama Estate Plan

Every estate plan is unique, because it reflects the personal and financial circumstances of the individual who creates it and their preferences. Even so, estate plans commonly include specific legal documents that address key estate planning goals. Creating an estate plan will provide clarity on the way your assets and property will be handled and distributed.

Wills

A will, which is formally called a last will and testament, is an essential document in almost every estate plan. The will addresses a number of important matters, including designation of an executor of the estate, who will have preference for appointment as the personal representative to oversee administration and settlement of the estate.

The terms of a will may also include distribution of property and assets in the estate on the death of the testator (person creating the will). A will can be used to transfer property directly to a beneficiary, with full ownership vesting when the inherited property is distributed by the personal representative following completion of probate.

Trusts

Trusts are a legal structure created by a complex legal document. In a trust, a trustee designated in the trust document manages and distributes assets deposited into the trust by the grantor (person creating the trust). The trust document names the beneficiaries of the trust and provides for the method of distribution to the beneficiaries.

There are many different types of trusts, each of which has a specific purpose or goal. A trust enables a person to control distribution of assets in a way that distribution of property in a will does not. More specifically, a trust can provide for asset distribution over time, which is not possible with a gift made in a will.

A trust document must be very carefully and meticulously drafted to achieve the grantor’s goals and then funded properly either during the grantor’s lifetime or at death. Some estate plans benefit from inclusion of a trust, but other estate plans do not need a trust to achieve the client’s goals.

As an estate planning attorney, David Trice has experience with many types of trusts, including testamentary trusts and revocable living trusts. He takes the time to learn the client’s goals before determining whether a trust should be part of their estate plan. If an estate plan includes a trust, David drafts the necessary legal documents and explains to the client in detail how the trust accomplishes their estate planning goals.

Durable Power of Attorney and Advance Healthcare Directive

In addition to providing for property distribution through wills and trusts, estate plans protect the person creating the plan during their lifetime if they become temporarily or permanently legally incapacitated. The documents that provide this protection are a durable financial power of attorney and an advance healthcare directive.

A durable financial power of attorney designates a trusted person to make financial decisions on behalf of the principal (person creating the power of attorney), if the principal becomes legally incapacitated and cannot conduct their own financial affairs. The designated agent is able to write checks, pay bills, perform other financial functions, and make financial decisions as described in the power of attorney.

An advance healthcare directive is recognized under Alabama law as a document that addresses end-of-life decisions (referred to as a living will) and designates a healthcare proxy to make decisions for the principal (person creating the document) in the event of incapacity. An advance healthcare directive is a durable power of attorney that is similar to a durable financial power of attorney, but it relates instead to healthcare and medical decisions. David’s experience in health law complements his understanding of the legal requirements for difficult health care and end-of-life decisions.

Alabama laws govern durable financial powers of attorney and advance healthcare directives in terms of content and requirements for validity. While the laws do not require you to have an attorney to sign these documents, it is advisable to have them prepared and explained by an experienced estate planning lawyer who can also ensure proper execution.

Probate

When an Alabama resident passes away, property in the deceased person’s estate must go through a specific process established under state law for administration or probate of the estate. The estate assets can only be distributed after completion of the applicable process.

As a probate attorney for estates in Baldwin County and Mobile County, David Trice helps family members and executors determine the appropriate legal process for administration and settlement of the estate of a person who recently passed away. When probate is required, David guides the personal representative through the detailed process, step by step, ensuring that all legal requirements are met and that the personal representative fulfills their significant legal and fiduciary responsibilities.

Guardianships and Conservatorships

For families with an elder family member who is no longer able to make decisions relating to their own care and wellbeing and does not have an agent authorized to make decisions on their behalf, attorney David Trice assists the family with guardianship and conservatorship proceedings in probate court. These proceedings are protective proceedings in which the court appoints a trusted person as guardian or conservator (or both) to make decisions for a legally incapacitated individual.

A guardian makes decisions about personal, nonfinancial matters, while a court-appointed conservator has authority to make decisions about a person’s money and property. In some cases, both a guardian and conservator are necessary; in other cases, only one or the other is needed.