shadow nav-bg Givens Law

1640 Blount Ave. Guntersville, AL 35976

A Professional Corporation

"Do I Need a Will?"

Between half and two-thirds of American adults don’t have a Will.  Do you need one?  If you answer yes to ANY of the questions below, you do:

 

1. Do you care who gets your property when you die?

2. Do you care who gets your money when you die?

3. Do you care who is appointed guardian of your minor children when you die?

4. Do you care if your child or grandchild inherits a lump sum at age 19?

5. Do you care how your assets are invested for your minor children?

Wills are not just for the rich

Regardless of how much or how little money you have, a Will ensures that whatever belongings and assets you have will go to family or beneficiaries you designate.  Without a Will, the Court makes these decisions.  

 

If you have children under 19 years of age, they are considered to be a Minor in Alabama.  A Will is a must to ensure that you get to choose your children’s guardian.  Few people plan to die in the near future, but if you die suddenly without a Will, you’ll be subjecting your family and loved ones to confusion and anxiety at what is already a difficult time.

"Do I need a durable Power of Attorney?"

A Power of Attorney is a document that allows you to appoint a person to handle your affairs while you are unavailable or unable to do so.  A Power of Attorney expires at your death or if you become disabled. A Durable Power of Attorney survives your disability. If you become legally disabled, and you do not have a Durable Power of Attorney, a Probate Judge will appoint a Guardian and/or Conservator to handle your affairs. In addition, the law requires that a court representative be appointed to investigate your care and report to the court.

 

There will be legal costs, including but not limited to court costs, court representative costs, and guardian ad litem fees. A properly executed Durable Power of Attorney can avoid additional stresses on your family in your time of incapacity as well as the additional expense of petitioning the court for a Conservatorship.

"Why do I need an advanced directive for health care?"

A Living Will or Advanced Directive for Health Care is a necessity if you wish to have a “say” in your final health care options, treatments, and decisions while you are in a hospital, a health care institution, or even your own home. The decision of how you will be treated should be your decision and not a burden on your family or friends. This document lists your final health care wishes.

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"Where should I store my Estate Planning documents?"

Remember, these are documents that someone will need to access eventually. If stored in a safe deposit box, a family member or trusted friend should have permission to open the box. If you become disabled without a Durable Power of Attorney or die these box will be “frozen” allowing no one entrance without a court order.  

 

Our office offers safe, fireproof storage for your estate planning documents.

There are many considerations when planning your estate. Consider your income, investments, cash, real property, and any inheritance you are likely to receive. What do you wish your estate to accomplish for your family, friends, and any charitable gifts you wish to make after you are gone?

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Alabama Law requires the following: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.