Answers to Your Most Important Questions
We know that estate planning and probate can feel overwhelming. Below you will find straightforward answers to the questions we hear most often. If you do not see what you are looking for, we are always just a phone call away.
Still have questions? Call us at 205.855.5020 or Schedule a Consultation
Getting Started
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Do I really need an estate plan?
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Yes. Estate planning is not just for the wealthy or the elderly. If you have assets, people you love, or wishes you want honored, you need a plan. Without one, Alabama law determines what happens to your estate, and the outcome may look nothing like what you would have chosen. An estate plan puts you in control.
Does Waters Sullivan serve clients outside of Birmingham?
When is the right time to start estate planning?
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The right time is now, regardless of your age or circumstances. Life changes quickly, and an estate plan you put in place today can be updated as your life evolves. Waiting until a major health event or family crisis makes the process far more difficult and emotionally charged. The best gift you can give your family is a plan that is already in place.
How do I get started with Waters Sullivan?
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Simply reach out to schedule a consultation. You can call us at 205.855.5020, email us at hello@waterssullivan.com, or use the contact form on our website. During your initial consultation, we will take the time to understand your situation, your goals, and your family, and recommend the right path forward.
What should I bring to my first estate planning consultation?
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It helps to come prepared with a general sense of your assets, including real estate, bank accounts, retirement accounts, and life insurance policies, as well as a list of the people you would want to benefit from your estate. You do not need to have everything organized perfectly. We will guide you through the rest.
How much does estate planning cost at Waters Sullivan?
What makes Waters Sullivan different from other estate planning firms?
Estate planning services start at $750. The right plan for your situation depends on your goals, family structure, and the complexity of your estate. We discuss all fees clearly and transparently at the outset so you always know what to expect. We also offer flexible payment options, including payment plans and sliding-scale fees.
Yes. While we are based in Birmingham, Waters Sullivan serves clients throughout the state of Alabama. Many of our clients are located in Jefferson County, Shelby County, Tuscaloosa, Huntsville, and surrounding areas. We offer phone and video consultations for clients who prefer not to travel to our office.
Kristin R. Waters holds a Master of Laws in Taxation with a concentration in Estate Planning, bringing a level of tax expertise that most estate planning attorneys do not have. Beyond credentials, our firm is built around a compassionate, client-first approach to legal counsel. Most of our clients come to us during some of life's hardest moments, and we treat every matter with the patience and care that deserves. We are also a small firm by design, which means Kristin is personally involved in every client relationship.
Wills
What is a last will and testament?
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A last will and testament is a legal document that expresses your wishes for what happens to your estate after you pass. It designates who receives your assets, names an executor to carry out your wishes, establishes guardianship for minor children, and can address personal final wishes as well.
Do I need a lawyer to write a will in Alabama?
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While Alabama does not legally require an attorney to draft a will, working with one significantly reduces the risk of errors, ambiguities, or provisions that could be challenged in court. A properly drafted will is far less likely to be held up in probate, and it ensures your wishes are expressed in a way that holds up legally.
What happens if I die without a will in Alabama?
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You would be considered to have died intestate, and Alabama's intestate succession laws would determine how your estate is distributed. The outcome is set by the state, not by you, and may exclude people you care about, including unmarried partners or close friends. It can also create significant financial and emotional burden for the family members left behind.
Can I update my will after it is created?
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Yes. A will can be updated at any time through an amendment called a codicil, or by drafting an entirely new will. We recommend revisiting your will after any major life event, including marriage, divorce, the birth of a child, the death of a beneficiary, or a significant change in your assets.
What is an executor, and how do I choose one?
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An executor is the person responsible for carrying out the instructions in your will, including notifying beneficiaries, paying debts, and distributing assets. Choosing someone who is organized, trustworthy, and willing to take on the responsibility is important. It does not have to be a family member, and in some cases naming a professional or attorney as executor is the right choice.
Trusts
What is a trust, and do I need one?
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A trust is a legal arrangement in which assets are held and managed for the benefit of one or more beneficiaries. Unlike a will, a trust is established during your lifetime and can allow assets to pass directly to your heirs without going through probate. Whether you need a trust depends on your goals, the size of your estate, and your family circumstances. Many clients benefit from having both a will and a trust in place.
What is the difference between a revocable and an irrevocable trust?
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A revocable living trust can be amended or dissolved during your lifetime as your circumstances change. An irrevocable trust, once established, generally cannot be altered, but it offers stronger asset protection and potential tax advantages. The right choice depends on your specific planning goals, and we will help you understand which structure makes sense for you.
Can a trust help reduce taxes?
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Yes, in many cases. Certain trust structures can minimize estate, gift, and income tax exposure for both you and your beneficiaries. Kristin R. Waters holds a Master of Laws in Taxation with a concentration in Estate Planning, which means she brings advanced expertise in tax strategy to every client relationship.
What is a special needs trust?
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A special needs trust is a planning tool designed to provide financial support for a loved one with a disability without jeopardizing their eligibility for government benefit programs such as Medicaid or Supplemental Security Income. It is an essential part of any estate plan involving a beneficiary with a disability.
What happens to assets not included in my trust?
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Assets that are not transferred into a trust during your lifetime are not covered by it. This is why many clients also have a will, which serves as a safety net for any assets that fall outside the trust. We help ensure your overall plan accounts for every asset you own.
Can I update my trust or estate plan after it is created?
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Yes. A revocable living trust can be amended at any time during your lifetime as your circumstances change. We recommend reviewing your entire estate plan every three to five years, or after any major life event such as marriage, divorce, the birth of a child, or a significant shift in your assets.
Probate
What is probate?
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Probate is the court-supervised legal process of verifying a will and administering a deceased person's estate. It involves identifying and collecting assets, paying outstanding debts and taxes, and distributing what remains to heirs and beneficiaries.
Is probate required in Alabama?
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Yes. Alabama law requires that any person in possession of a will deliver it to probate court. Probate is essentially mandatory in Alabama, which makes working with an experienced estate planning and probate attorney particularly important.
How long does probate take in Alabama?
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The timeline varies depending on the size and complexity of the estate and whether any disputes arise. A straightforward estate can move through probate in several months, while a contested or complex estate can take considerably longer. Proper estate planning in advance is the most effective way to streamline the process for your family.
Can probate be avoided?
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Certain assets can pass outside of probate entirely, including assets held in a trust, jointly owned property, retirement accounts with named beneficiaries, and life insurance proceeds. A well-structured estate plan can significantly reduce the portion of your estate that goes through probate, saving your family time and money.
What does a probate attorney do?
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A probate attorney guides executors, beneficiaries, and family members through the legal process of administering an estate. This includes proving the validity of the will, managing creditor claims, handling asset transfers, and resolving any disputes that arise. At Waters Sullivan, we handle both straightforward probate administration and complex contested matters.
Guardianships & Protecting the Vulnerable
What is a guardianship?
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A guardianship is a legal arrangement in which a court appoints an individual to make personal and medical decisions for someone who is unable to make those decisions for themselves, whether due to age, disability, or incapacity.
What is a conservatorship?
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A conservatorship is similar to a guardianship but focuses specifically on managing the financial affairs of someone who is unable to do so themselves. In some cases, the same person serves as both guardian and conservator.
What is a special needs trust, and how is it different from a guardianship?
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A guardianship is a court-supervised arrangement for personal decision-making. A special needs trust is a financial planning tool that holds and manages assets for a person with a disability. They serve different purposes and are often used together as part of a comprehensive plan for a vulnerable loved one.
How do I know if my loved one needs a guardianship or conservatorship?
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If a family member is no longer able to make safe, informed decisions about their health, safety, or finances due to age, illness, or disability, a guardianship or conservatorship may be appropriate. We can help you assess the situation and determine the right legal protections for your loved one.
Estate Litigation
Can a will be contested in Alabama?
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Yes. A will can be contested in Alabama on several grounds, including lack of testamentary capacity, undue influence, fraud, or improper execution. There is a six-month deadline from the time the will is admitted to probate to file a contest, so it is critical to consult an attorney as soon as possible if you have concerns.
What should I do if I believe a trustee is mismanaging assets?
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If you have reason to believe a trustee is failing to fulfill their fiduciary duties, including self-dealing, negligence, or improper distributions, you may have grounds for legal action. We represent beneficiaries in trust disputes and can help you understand your options and rights.
Does estate litigation always go to court?
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Not always. Many estate and trust disputes are resolved through negotiation or mediation before reaching trial. Our goal is always to achieve the best outcome for our clients as efficiently as possible, but we are fully prepared and experienced in litigating when necessary.
Still Have Questions? We Are Here to Help
Every situation is unique, and the best answers come from a conversation. Reach out to Waters Sullivan today to schedule a consultation with Kristin R. Waters and get the guidance your family deserves.
Call us: 205.855.5020
Email us: hello@waterssullivan.com
Visit: waterssullivan.com
2 20th Street North, Suite 1350 | Birmingham, Alabama 35203
— Serving individuals and families throughout Birmingham and all of Alabama.
More in depth answers to some of your most pressing questions can likely be found in one of our blog posts. Click here to read more.