If you have not written a living will before you die then the state laws will decide how best to distribute your property. This includes everything from bank accounts to real estate and any other assets that you own. Anything that is owned in a different state will be distributed according to the laws of that particular state. Writing a will can be complicated and it’s a good idea to have legal help in order to make sure that it is done properly. These laws will vary depending on your status when you die; whether you were single or married or if you had children. Usually your property will be divided among a surviving spouse, immediate relatives and then distant relatives. If no relatives are found then everything will just go to the state.
Guardian Over Children
Making a will is probably one of the most important things that you should do if you have children. You want to make sure that your child is going to be cared for by someone of your choosing, should anything happen to you and your spouse. Your will should designate a guardian that will care for your children. As far as guardianships Alabama recognizes anyone who has been appointed by the probate court as a guardian. If you do not specify in a will where you want your children to be raised and by whom, the state and social services will appoint someone themselves. Everyone has different ideas about parenting, so make sure that your children will be raised by someone of your choosing and not by the state.
Guardian Over Heath Care
Keep in mind that with guardianships Alabama uses that term not only for children under the age of 19 but also for anyone who is managing personal decisions, financial decisions or healthcare decisions for someone who is unable. This usually means that the person has been declared incapacitated due to mental issues. The guardian is generally also given power of attorney to a person. For example, if you become mentally disabled than the person to whom you have given guardianship Alabama will allow to make all your decisions for you. If you have not named someone in your power of attorney then the state will appoint someone that they deem qualified. This could be your spouse, someone your spouse chooses, your parent or someone your parent chooses, any relative is long as they have lived with you for more than six months or someone who is paying for your care.
Guardian Over Property
This is actually called a conservator. Guardianships Alabama state says, deal with persons, not property. If you do not want the court to manage your state and financial dealings then you need to nominate someone in your will. Otherwise the state of Alabama may give priority to any of the following:
- Your spouse or a person chosen by the spouse
- An adult child of yours
- Your parent
- A relative that is lived with you for six months
- Whoever is paying for your care or someone chosen by whoever is paying for your care
- A county conservator
If you don’t want any of these dealing with your estate or your property then it is very important to ensure that you have nominated and named the person that you would like to be in charge before you become incapacitated or in the chance of death.
There is, of course a lot more that needs to go into a well depending on who you are, your status in life and what you own. You can be a specific or as general as you want but the more specific you are the easier it’ll be to follow your instructions. It is not recommended to write your own will because some guardianships Alabama may dispute. However, if you have the help of a lawyer who knows the right way to go about writing a will, then you won’t have to worry about your will being overturned in court. Properly written a will cannot be disputed. It’s not very expensive to hire a lawyer to help you write you will so don’t take the risk of it being voided after you have died and can do nothing about it.