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Estate Planning
Your Family Will Plan Your Obituary. Will They Know Anything Else?
When someone passes, families have a remarkable ability to come together. They find the photos. They write the words. They argue lovingly about which accomplishments to include and which stories are too long. They pick the flowers, choose the music, and somehow produce a beautiful obituary in a matter of days.
The obituary always gets done.
What doesn't get done, what nobody prepared for, is everything that comes after.
Where is the will? Who has access to the accounts? What did they actually want to happen to everything they spent a lifetime building?
These are the questions that turn grief into chaos. And they are entirely preventable.
What Happens in Alabama When Someone Dies Without a Will
If you die without a will in Alabama, the state decides what happens to everything you own. This is called intestate succession. Alabama law determines who gets what based on your family structure, not your wishes. Your spouse, your children, your parents, and your siblings all have a legally defined claim to your estate and it may look nothing like what you would have chosen.
If you have minor children and no will, a court will appoint a guardian. That may or may not be the person you had in mind.
If you own property and there is no documentation of your intentions, what happens to it is far from guaranteed.
A will does not have to be complicated. It just has to exist.
What Probate Actually Looks Like for a Family That Was Not Prepared
Probate is the legal process of settling a person's estate after they pass. In Alabama, most estates go through probate before anything can be transferred to the people you leave behind. The process involves filing with the probate court, notifying creditors, accounting for assets, and ultimately distributing what remains.
For families who were prepared, probate is manageable. It takes time but there is a clear path forward.
For families who were not prepared, it is a different experience entirely. Searching for accounts nobody knew existed. Trying to access financial institutions without the right legal authority. Family members disagreeing about what the person would have wanted. A process that could have been straightforward becomes one more thing a grieving family has to carry.
The difference between those two experiences is almost always a conversation that happened, or one that didn't.
The Obituary Can Wait. The Planning Cannot.
Your family will find a way to write your obituary. They will get it done because they have to.
The question is what they will find on the other side of it. A clear plan that makes a hard time a little easier, or a set of unanswered questions that makes an already painful season even harder.
You have the ability to decide which one it is. And it starts with a single conversation.
Book a call with Squire Moore today: