How do I Contest a Will?

Unlike a trust, a will cannot control your assets after you die. Instead, a will just determines where they go when you die. In other words, a will disburses your possessions and assets on death, while a trust continues to control assets well after you die.

For this reason, Alabama wills are overseen by probate courts, while trusts generally are not. Many times, after a loved one dies, the potential and expected heirs discover that a will either disinherited them or greatly reduced their share of an estate. Normally, this is perfectly legal. A living person may choose to leave their assets to whomever they choose. There are, of course, situations in which disinherited heirs may have a right to dispute a will.

For help with estate planning or breaking an invalid or fraudulent will, contact Five Points Law Group today.

What is an Alabama Will?

Under Title 43 of the Alabama Revised Statutes, the law provides for the creation and administration of wills. A will is generally defined as a legal instrument that dictates who shall receive what from your estate after your death. Things you can typically do with a will are as follows:

• Designate your executor
• Leave real estate
• Leave cash and investments
• Leave tangible property and heirlooms
• Direct the handling of a probate estate
• Waive your executor’s bond requirements

The law presumes that a decedent created the will as his or her final statement of wishes and intent. You will need to make a strong showing that the will is invalid in order to succeed in disputing it.

Grounds for Disputing a Will

Alabama law allows those who are “interested parties” to contest a will. A will contest must be filed in probate court where the will is filed. The following grounds may allow you to contest a will:

• Disinherited spouse: In most cases Alabama law allows spouses to assert their right to an elective share of the estate, even if the deceased spouse tried to disinherit them.
• Mental incapacity: A person must be of sound mind to make a will. Otherwise, the will may be held invalid.
• Fraud: If you can prove the will was created through fraud, you may be able to get a court to invalidate it.
• Duress and undue influence: A will should reflect the will of the person making it. If created under duress or through force, coercion or improper undue influence, it is not valid.
• Technical requirements: A will must adhere to minimum statutory requirements. A lawyer can help you determine if the will meets all requirements.

 

Time Limit on Contesting a Will

In general, you have just six months from when the will was presented to the court to dispute it. A person who is under a legal disability (mental impairment) or a minor has up to 12 months from the date when the legal disability is removed to contest a will. This can be complicated, so if a minor or someone with a mental impairment is negatively affected by a potentially invalid will, a guardian may need to be appointed to enforce the person’s rights. Do not rely solely on information found online, as there are complex nuances that can shorten or extend the time you have to dispute a will, and each case is unique.

Contesting an Alabama Will

Will contests can be complicated and sensitive situations. If you have been disinherited or believe that a loved one was taken advantage of, contact Five Points Law Group today to discuss your rights and find out what options you may have for fighting back.

How do I Break a Trust?

A trust is a unique method of preparing your estate. Many people use trusts to hold ownership of property, while maintaining long-term control over their estate plan. What happens when there are disputes between heirs, or someone becomes concerned that a trust was improperly created?  Many surviving family members want to know how to break a trust in order to allow an estate to pass the way it normally would, if not for certain problems. With this in mind, consider a few basic points about how one can actually undo a trust in Alabama. For help with estate planning or breaking an invalid trust, contact Five Points Law Group today.

What is an Alabama Trust?

Under Title 19 of the Alabama Revised Statutes, the law provides for the creation and administration of fiduciary agreements and trusts. A trust is generally defined as a separate legal entity that controls the use and ownership of property. You can put just about anything into a trust, from real estate to cash or investments. A trust is a contractual agreement that a person creates, which names someone to manage the assets within it, during and after the life of the person who creates it. Much like a corporation’s operating agreement, the trust must follow certain formalities to accomplish its intended goals. Some trusts are created to minimize taxes, others are created to preserve wealth, while others still are created to preserve the right to certain government benefits for disabled persons.

Grounds for Breaking a Trust

There are many reasons why someone might wish to break a trust. A trustor (the person creating a trust) can almost always revise, edit, or void a trust, unless the trust was made irrevocable for some reason. However, once that person passes away, it can be difficult for heirs to argue there are grounds for not following the expressed intent of the trustor. Here are just a few reasons why heirs may wish to do so:

Undue Influence, Coercion, or Duress

If you discover that your deceased loved one was the victim of strong coercion or acting under duress at the time he or she made the trust, then you may be able to petition an Alabama court to revoke the trust, allowing assets to pass to heirs through the state’s default rules. This is not an easy process, as the courts generally will require strong proof.

Mental Incapacity When Created or Revised

Sadly, unscrupulous heirs and caregivers often convince people to make deathbed changes to their estate plans, leaving everything to someone other than whom they normally would. If you suspect your loved one was incapable of making a voluntary change to a trust, you may have grounds to revoke the trust. Expect a long battle, and you will likely need the help of medical experts to show that mental capacity was lacking.

Invalid / Did Not Meet Legal Requirements

Perhaps the most straightforward option for breaking a trust is showing that necessary legal formalities were not followed. Improper witnesses, lack of witnesses, or inadequate or incorrect language may all be grounds to dispute the authenticity or validity of a trust.

Disputing a Trust in Alabama

If you have been disinherited or believe that a loved one was taken advantage of, contact Five Points Law Group today to discuss your rights and find out what options you may have for fighting back.

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Improving Communications With an Ex

When you are going through a painful divorce or custody fight with an ex, it can seem like even the smallest issues become major complications. Heated arguments can develop in a moment and over things that ought to be very simple. Even otherwise amicable relationships can begin to deteriorate, leading to a lot of unnecessary calls to the lawyer or trips to the courthouse. There is a way to avoid a lot of these contentious disputes and save time, money, and headaches. The trick is planning your communications in advance.

 

Why Communication is So Challenging in a Family Law Case

 

The Gottman Institute has long been a leading center for research on human interaction and communication, especially for families going through divorces. Dr. Gottman suggests that there are so-called “Four Horsemen of the Apocalypse” that can predict the end of a relationship. According to Gottman’s theory, these four characteristics or behaviors are:

 

• Criticism
• Contempt
• Defensiveness
• Stonewalling

 

When you and your ex are going through a divorce or you are fighting over custody of a child, these four communication problems are almost inevitable. Simple tasks such as meeting to drop off a child after visitation can become highly emotional moments that can feel almost akin to a battle. When you see your ex as an opponent, battling over a prize (e.g. your child), conflict and fighting is inevitable. So, what can you do?

 

Three Useful Methods of Improving Communications

 

Here are just three possible ways to improve the quality and type of communications with your ex:

 

Alternative Mediums of Communication

 

Sometimes the problem is not communication; it is verbal communication. If you find that it is difficult to keep the conversation civil, or you wish there was a record of the awful things your ex is doing, then you may just want to consider using technology to bridge the communication divide. Apps like Our Family Wizard allow divorced couples to communicate, plan visitation, reschedule school events, and more. In addition to reducing everything to writing, it also creates a record so it keeps people honest and can be a powerful tool in court if one party is violating arrangements.

 

Huffington Post also provides an excellent list of joint-parenting apps that may be helpful, depending on your situation.

 

Deliberate Communications

 

Being deliberate just means thinking about what you wish to accomplish. While you are on your way to pick up a child after a long weekend of visitation with an ex, you should take the time to think about what you want to achieve during your interaction. Remind yourself that the goal is for your child to enjoy time with both parents, to grow up healthy and well-adjusted, and to feel loved. If you center your emotions and focus on those goals, you may find it easier to ignore minor frustrations like when your ex shows up 15 minutes late. If you have planned your communications in advance, then you are less likely to react in the moment.

 

Using an Intermediary

 

If your communications have truly broken down to the point at which every interaction leads to aggressive and erratic arguments, then it may be worth discussing your situation with an attorney. Sometimes an intermediary such as a trained Parenting Coordinator can be used in order to mediate disputes and create a smoother exchange. An intermediary can schedule visitation meetings, school events, and other difficult conversations. While obviously this should not be a permanent or long-term solution, it may be helpful for getting through a particularly rough patch.  Experienced divorce attorneys tend to work often with secondary resources such as these and can make recommendations for your particular circumstances.

 

Talk to a Birmingham Divorce Attorney

 

If you are going through a bitter and challenging divorce or custody dispute, do not let harsh words and difficult communications steal your happiness. Speak with an attorney who understands both the legal and the human aspects of family law. The more you understand about the process, the better you can cope with the challenges to come. Call Five Points Law Group to speak with an attorney today.

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Five Signs That You May be a Victim of Age Discrimination

The law says that you have a right to compete in the workforce without regard to your age. However, as you can probably guess, employers discriminate all the time. The question is how to recognize the subtle signs of discrimination. At Five Points Law Group, we can help you review the situation from an objective point of view and help you get to the bottom of things. You deserve to be treated equally, regardless of your age. With this in mind, here are just five quick signs that you may be a victim of age discrimination.

Sea of Youth

This is often more a concern in younger companies, like tech startups and businesses that cater to a younger target demographic. Of course, it can happen anywhere. What we are talking about is a tendency to hire younger workers. If you begin to notice that almost all employees are young or very young, or if you begin to notice that older workers who retire are all being replaced with very young workers, then you may have a problem. Keep in mind, this is not an absolute. If older workers with experience are applying for jobs and being passed over in favor of less experienced younger workers, there may be a problem.

Inappropriate Questions

If you are interviewing for a job and the interviewer is asking questions that sort of require you to disclose your age, then you may be facing age discrimination. For instance, you may hear questions like “well, you will be old enough to appreciate this” or “do you have grandchildren near here?” While these may not necessarily be anything serious, if used to gauge your age or ascertain your suitability, they are inappropriate.

Suggesting You do Not Have Enough Time Left

As morbid as it may sound, older workers with years of experience and expertise in their fields may not want to retire. Frankly, the law does not say you have to quit doing what you love. Some employers may worry that an older worker has too little time left before retirement to be useful to the company. Such questions or insinuations are strong warning signs of age discrimination.

Sudden Changes in Duties or Responsibilities

If you have worked for a business for years and enjoyed a lot of responsibility, you may find it unsettling when, upon turning 50 or 60, you are asked if you need to take a break or whether you can “handle” the workload. While subtle, you may even notice that people begin to treat you as though you are mentally or physically unfit, even without any cause. This can be another warning sign.

Unusual New Discipline

If, after years without any problems, you are facing constant pressure and being disciplined or reprimanded for seemingly arbitrary things all of the sudden, this could signal that superiors are trying to build a case to fire you under some other pretext.

Get Help Now

Do not wait until you have been terminated; call an experienced attorney today. You may have options for fighting to keep your job. If you have already been terminated, downsized, demoted, or suffered any type of adverse employment actions and you believe your age is involved, contact Five Points Law Group today.

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