Alabama Trusts Legal Questions

Yes, your relative can change the terms of an existing Will.  The amendment is called a codicil.  The codicil, which can be handwritten or typed, should state that your relative reaffirms the existing Will except for whatever provisions he or she wants to change, and then specificallly state what provisions should be deleted and add the new language.  The codicil should be signed by your relative and two witnesses.  A separate sworn affidavit of the witnesses, signed by a notary, is useful although not necessary.   Your relative could give the beneficiary, a co-trustee or some third person the authority to remove a trustee.  It is customary in a special needs trust to give the trustee broad authority, but also the requirement that they act in the best interests of the beneficiary.  There also a pooled special needs trust that your relative may want to consider - these are administered usually by nonprofits and can be less expensive.  ... Read More

Beneficiaries named in Trust documents do not sign the Trust. Only the person creating the Trust and the trustee of that Trust execute the instrument by signing it. Also, beneficiaries have no right to see the Trust, until the person who made the Trust dies. Although a lawyer is not required to set up a Trust, it is highly improbable that a person with no training could do it properly. An improperly created Trust is not likely to have the effect that was intended and people often wind up in court over it. That can take more in costs and time than probate would.A Power of Attorney is not the same as a Trustee or an Executor (or Personal Representative) for a Will. A Power of Attorney is a document giving someone the responsibility to carry out whatever specified business is authorized by the document. When the person who created or gave the Power of Attorney dies, the Power of Attorney is immediately void.If your mother died with any property that was in her name only (not shared with anyone else), the property would have to go through the probate process if it was not titled in a Trust. If she died with property that was jointly owned with rights of survivorship, there would be no probate required and the property would become entirely owned by whoever else was a joint owner. (It is common for married couples to own property jointly, so that if one dies, the other automatically is the sole owner.) If your sister was on a bank account with your mother that typically means the sister inherits the bank account because she was a joint owner. If there were other joint owners (father, sisters, etc.) they would also inherit the account.From the little information you give, I can see no reason for you to give anyone your social security number.What to do? Get an experienced Alabama estate lawyer to go over the details with you, verify what has or has not occurred and help you understand your options. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.com ... Read More

A power of attorney is no longer valid as of the date of death. If she is the co-owner of any bank account, the assets are now legally hers and do not pass to a trust.  If you believe these accounts were created for convenience, you have the right to contest the passing of these assets in court. If there is an adversarial relationship, I was suggest that you hire an probate/trust attorney who can best represent your interests as a beneficiary of your father's estate.... Read More

There are lots and lots of different kinds of Trusts. They are known by different titles or phrases depending on the states and lawyers involved. Still, getting the name right or knowing the type of Trust doesn't really tell you much. You must see and understand the terms and instructions in the Trust itself. If you are a beneficiary get a copy of the Trust. Then, to be absolutely sure you understand what it says, hire a Trust lawyer who will read and explain it to you. To your success, Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/GaleAllison... Read More