Estate Planning & Probate Attorney

Protecting Your Legacy and Your Family’s Future

Estate planning is about more than just drafting a document; it is about making sure your wishes are respected and your family is protected when you are no longer there to speak for them. Without a clear plan, the state of Alabama decides how your assets are divided, often leading to confusion, delays, and family conflict.

At Burress Law Firm, we guide clients through the sensitive process of planning for the future. Whether you need a comprehensive estate plan to protect your assets or legal guidance administering the estate of a loved one, we provide the counsel you need to navigate Alabama’s probate courts with confidence.

Estate Planning Services

We create customized, legally binding plans designed to eliminate confusion and minimize emotional stress for your family.

Wills (Last Will and Testament)

A will is the foundation of any estate plan. It allows you—not the state—to decide who receives your property.

• Customized Distribution: We draft wills that detail exactly how specific gifts (like family heirlooms) and general assets should be distributed.
• Guardianship: For parents, a will is the only legal way to nominate a guardian for your minor children.
• Strategic Drafting: We ensure your will is executed in strict compliance with Alabama law to prevent future contests and ensure it works seamlessly with any other tools, like trusts.

Trusts (Revocable & Irrevocable)

For many families, a trust is a more efficient vehicle than a simple will. Trusts can offer privacy and avoid the delays of probate.

• Asset Control: We help you decide between Revocable Living Trusts (which you control during your life) or specialized trusts for specific family needs.
• Probate Avoidance: Assets properly conveyed to a trust generally bypass the probate process entirely, allowing for faster distribution to your beneficiaries.
• Coordination with Experts: While we draft the legal structure of your trust to ensure your assets are managed according to your wishes, we work alongside your CPA or tax professional to ensure the plan aligns with your financial goals.

Powers of Attorney & Health Directives

Planning for incapacity is just as important as planning for death. We draft the documents that allow trusted family members to act on your behalf if you cannot.

• Durable Power of Attorney: Appoints an agent to manage your financial affairs and business interests if you become disabled.
• Advance Directives (Living Wills): Clearly documents your wishes regarding end-of-life care, relieving your family of the burden of making difficult medical decisions in a crisis.

Probate & Estate Administration

Losing a loved one is difficult enough without the added stress of navigating the court system. We represent Personal Representatives (Executors and Administrators) in probate courts across Alabama.

Formal Estate Administration

We handle the complex statutory process of collecting assets, paying debts, and distributing the estate.

• Testate Administration: If your loved one left a will, we petition the court to validate it and obtain “Letters Testamentary” so you can act as Executor.
• Intestate Administration: If there was no will, we guide you through Alabama’s laws of intestate succession and help you obtain the authority to manage the estate as an Administrator.
• Asset & Debt Management: We guide you through the fiduciary duties of notifying creditors, filing inventories, and managing estate accounts to ensure you are protected from liability.

Small Estate & Summary Distribution

Not every estate requires a long court battle.

• If the estate is small (below statutory thresholds), we can often utilize the Alabama Small Estates Act. This streamlined process can save your family significant time and legal fees compared to full administration.

Estate Litigation & Will Contests

Unfortunately, disputes sometimes arise.

• We represent clients in will contests and estate litigation, whether defending the validity of a will against a challenge or disputing a will that was created under undue influence. We handle the litigation in probate court or remove the case to circuit court when necessary.

Why Hire William H. Burress for Your Estate Needs?

Estate law in Alabama involves strict statutory deadlines and complex fiduciary duties. A mistake in the “notice to creditors” or a failure to properly fund a trust can result in personal liability for the administrator or a loss of assets for the heirs.

• We handle the details: From calculating the “spousal elective share” to filing the final settlement for discharge, we ensure every legal box is checked.
• We protect the Fiduciary: If you are the Executor, you have a legal duty to the beneficiaries and creditors. We act as your counsel, ensuring you act prudently and avoid conflicts of interest.
• We look at the whole picture: We advise on non-probate transfers (like life insurance and joint-survivorship deeds) to ensure they align with your overall plan.
• We know our lane: We focus on the legal instruments and court procedures. When complex tax issues arise, we refer you to qualified tax professionals to ensure you get the best financial advice possible.

Secure your legacy and peace of mind today. Call today or schedule an appointment.