If you’ve been putting off estate planning, you’re not alone. Most people know they need a will or trust but aren’t sure where to start. The process feels overwhelming. And it forces you to think about things you’d rather not consider.
But without a plan, Alabama law decides what happens to your assets, who cares for your children, and who makes medical decisions if you can’t. Those default rules rarely match what families actually want.
Our Birmingham, AL estate planning lawyer at Bachus, Brom & Taylor, LLC has helped Alabama families protect their assets and plan for the future for over 20 years. We handle everything from basic wills to complex trusts, powers of attorney, and healthcare directives. Our attorneys take time to understand your situation and create documents that actually reflect your wishes.
Contact us to discuss your estate planning needs with an attorney who will explain the process clearly.
Steven M. Brom handles estate planning matters at the firm. He earned his Bachelor of Arts from the University of Georgia in 1998 and his Juris Doctor from the University of Colorado School of Law in 2001. He’s admitted to the Alabama State Bar, the Georgia State Bar, all three U.S. District Courts in Alabama, the U.S. Court of Appeals for the Eleventh Circuit, and the Supreme Court of the United States.
Steven has worked with Birmingham families on estate planning, probate, and trust matters for over two decades. He understands how Alabama law treats wills, trusts, and beneficiary designations. He knows what provisions hold up when challenged and which ones create problems.
The firm has been handling estate planning in Alabama for more than 20 years. That’s long enough to see what works and what doesn’t. We’ve drafted wills for young parents with modest estates and complex trusts for business owners with significant assets. We’ve seen families benefit from proper planning and watched others struggle through probate because someone never got around to finishing their documents.
Every situation requires different provisions. A single professional needs different planning than a blended family with children from multiple marriages. Business owners need provisions addressing succession. Parents of minor children need guardian designations.
Estate planning involves legal concepts most people encounter only once or twice in their lives. Revocable versus irrevocable trusts. Pour-over wills. Beneficiary designations that override will provisions. Healthcare proxies versus living wills. We explain these concepts in plain language so you understand what you’re signing and why.
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“Mr. Brom was incredibly knowledgeable and responsive throughout my entire case, always explaining complex legal issues in a clear way. I felt confident and well-represented throughout the entire process and would highly recommend him and his firm to anyone needing legal assistance. I would not hesitate to call Bachus, Brom & Taylor again for legal services.” — Geoffrey Dunan
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Estate planning covers more than just writing a will. A complete plan addresses what happens to your assets, who makes decisions if you’re incapacitated, and how to minimize complications for your family. At Bachus, Brom & Taylor, we offer the following estate planning services in Birmingham.
Last will and testament. A will directs how your assets pass after death and names an executor to handle your estate. Without one, Alabama intestacy laws control distribution, often in ways families don’t expect.
Living trusts. A revocable living trust lets you transfer assets while maintaining control during your lifetime. Assets in the trust avoid probate, which saves time and keeps your affairs private.
Durable power of attorney. This document names someone to handle financial matters if you become incapacitated. Without it, your family may need court approval to access accounts or manage property.
Healthcare power of attorney. Also called a healthcare proxy, this designates someone to make medical decisions when you cannot. Hospitals and doctors need clear authority to consult with family members.
Living will. A living will states your preferences for end-of-life medical care. It provides guidance when you can’t communicate your wishes directly.
Trust administration. When someone dies with a trust in place, the successor trustee must administer it properly. We guide trustees through their duties and help beneficiaries understand their rights.
Alabama law sets specific requirements for estate planning documents. Understanding these rules helps you avoid creating documents that might not hold up when needed.
Under Alabama Code § 43-8-131, a valid will in Alabama must be in writing, signed by the testator (the person making the will), and signed by at least two witnesses who observed the testator sign. The testator must be at least 18 years old and of sound mind. Handwritten wills without witnesses, sometimes called holographic wills, are not valid in Alabama.
Alabama adopted the Uniform Power of Attorney Act, codified in Alabama Code § 26-1A-101 and following sections. A durable power of attorney must be signed by the principal, and the signature must be acknowledged before a notary public. The document should explicitly state that it remains effective even if the principal becomes incapacitated.
Alabama’s Natural Death Act governs living wills and healthcare directives. Under Alabama Code § 22-8A-4, a living will must be signed by the declarant and witnessed by two adults. The witnesses cannot be related to the declarant or entitled to any portion of the estate.
Estates valued under $30,000 may qualify for simplified administration under Alabama’s small estate procedures. Larger estates require formal probate through the Jefferson County Probate Court or the appropriate county court. Planning properly can help families avoid probate delays and associated costs.
According to a survey conducted by Caring.com, more than 60 percent of Americans do not have drafted wills or other estate planning tools in place. That’s two out of every three Americans.
Under Alabama law, if you don’t have an estate plan that specifies what should happen to your assets when you die, they will be distributed per the state’s laws. This may not be the way you would want your assets given away. To find out how you can protect your family, call our office to speak with our estate attorney who has over 20 years of experience handling family and estate law matters for Alabama residents.
Not everyone needs a trust. Not everyone can get by with just a will. The right combination depends on what you own, who you want to protect, and what you want to avoid.
A will works fine for many people with straightforward situations. But if you own real estate in multiple states, have a blended family, want to avoid probate, or have concerns about a beneficiary’s ability to manage money, a trust may serve you better. We help you determine which documents make sense for your specific circumstances.
Creating a trust accomplishes nothing if you don’t fund it. Funding means transferring assets into the trust’s name. Bank accounts, investment accounts, and real estate all need to be retitled. Beneficiary designations on retirement accounts and life insurance need to be coordinated with the trust provisions. We explain exactly what needs to happen after you sign your documents.
Estate planning isn’t just about death. It’s also about what happens if you become unable to manage your own affairs while still alive. A stroke, accident, or cognitive decline can leave you unable to pay bills, manage investments, or make medical decisions. Powers of attorney address these situations. Without them, your family may need to seek guardianship through the court, which takes time and money during an already difficult period.
Estate plans aren’t permanent. Life changes. Marriages, divorces, births, deaths, moves to new states, significant asset changes, and tax law modifications all create reasons to review and update documents. We recommend reviewing your plan every three to five years or whenever major life events occur.
Retirement accounts, life insurance policies, and some bank accounts pass by beneficiary designation, not by will. If your will says one thing and your beneficiary designation says another, the beneficiary designation wins. This creates problems when people update their wills but forget about old designations naming ex-spouses or deceased relatives. Proper planning coordinates all of these elements.
New parents face unique considerations around guardian designations. Families dealing with custody disputes need careful planning. Business owners must address succession. High-net-worth families should understand Alabama estate tax implications. And anyone concerned about long-term medical costs needs to plan accordingly. Each situation requires attention to different details.
3125 Blue Lake Dr Ste 101, Birmingham, AL 35243
Estate planning protects your family and gives you control over what happens to your assets. Without proper documents, the state makes those decisions for you.
Bachus, Brom & Taylor, LLC has helped Birmingham families with estate planning for over 20 years. We draft wills, create trusts, prepare powers of attorney, and guide families through the entire process. Our attorneys explain complex legal concepts clearly and create documents that reflect what you actually want to happen.
Contact our office to schedule a consultation. We will review your situation, explain your options, and help you build a plan that works for your family.
