Whether you find yourself grappling with the aftermath of an accident that has not only jeopardized your health but also disrupted your family's financial stability, embarking on the unfamiliar terrain of divorce proceedings, or grappling with the intricacies of estate management, Baxley Maniscalco stands as your unwavering legal ally in Anniston, Alabama.
Our seasoned team of attorneys specializes in a myriad of legal domains, including family law, personal injury, and estate planning, ensuring that individuals and families confronting diverse challenges receive the adept legal assistance they deserve.
Whether you’re entangled in the complexities of divorce proceedings, seeking rightful compensation for personal injuries, or endeavoring to fortify your family's future through meticulous estate planning, our attorneys are steadfastly committed to guiding you through every facet of your legal journey.
Personal Injury Cases
Caught in the chaos of a car collision? Suffered a slip-and-fall mishap in a public setting? Chances are, you're facing a potential personal injury case.
In the wake of an accident-induced injury, many questions inevitably arise regarding your legal rights, the labyrinthine legal proceedings, and the avenues available for seeking rightful compensation for your incurred damages.
Here, we’ll illuminate some of the most commonly pondered inquiries concerning personal injury cases in Anniston, Alabama, empowering you with a clearer comprehension of your available options and pathways forward.
What Constitutes a Personal Injury Case?
At its core, a personal injury case materializes when an individual endures harm or injury stemming from the negligent or intentional conduct of another party.
These cases encompass a broad spectrum of accidents, ranging from motor vehicle collisions and slip-and-fall incidents to instances of medical malpractice and beyond.
The crux of the matter lies in establishing that the injury was a direct result of the other party's failure to exercise reasonable care or of their deliberate misconduct.
I’ve Been Injured in an Accident. Now What?
If you find yourself injured in an accident, it's crucial to take prompt action to safeguard your well-being and legal rights.
Here's a step-by-step guide to follow:
- Prioritize Your Health: Seek medical attention without delay, even if your injuries appear minor. Your well-being is paramount, and timely medical intervention can prevent complications and document the extent of your injuries.
- Report the Incident: Notify the appropriate authorities, whether it's law enforcement or property owners, depending on the nature of the accident. Reporting the incident ensures that an official record is created, which can be pivotal for future legal proceedings.
- Document the Scene: Gather evidence by documenting the accident scene. Take photographs of any visible injuries, property damage, and relevant environmental factors. Obtain contact information from witnesses, as their testimonies can bolster your case.
- Record Medical Expenses: Keep meticulous records of all medical treatments received and expenses incurred due to your injuries. This documentation serves as crucial evidence for quantifying damages in your personal injury claim.
- Seek Legal Counsel: Don't hesitate to reach out to a personal injury attorney as soon as possible. An experienced attorney can provide invaluable guidance, protect your legal rights, and explore potential avenues for seeking compensation.
If you've suffered injuries in an accident, we're here to help. Contact us today for a complimentary and confidential consultation, where we can assess your case and discuss your legal options in detail. Your recovery and rights are our top priority.
What’s the Statute of Limitations for Personal Injury Lawsuits in Alabama?
In Alabama, the statute of limitations for most personal injury cases is two years from the date of the accident or injury occurrence. This legal timeframe serves as a crucial deadline for initiating legal action.
It is imperative to adhere to this statute of limitations and file your lawsuit within the specified time frame. Failure to do so can have serious consequences, including the potential dismissal of your case by the court.
By acting promptly within the prescribed period, you preserve your right to pursue compensation for your injuries and losses through legal recourse.
How Does the Court Determine Fault in a Personal Injury Case?
Alabama adheres to the legal principle of "contributory negligence," wherein if you are deemed even partially at fault for the accident, you may be precluded from recovering damages. This stringent rule underscores the importance of comprehensive legal representation.
Partnering with a seasoned personal injury attorney is essential to safeguard your rights and interests. An experienced attorney can adeptly gather evidence to establish liability, navigate complex legal proceedings, and advocate on your behalf.
By enlisting the assistance of a knowledgeable legal advocate, you enhance your prospects of securing fair compensation and mitigating the risk of being barred from recovery due to contributory negligence.
The At-Fault Party Is Uninsured or Underinsured. What Do I Do?
In scenarios where the at-fault party lacks insurance coverage or possesses inadequate coverage to address your damages, avenues for compensation may still be available.
One such recourse is the utilization of uninsured/underinsured motorist coverage provided by your insurance policy.
However, it is paramount to exercise caution and prudence when engaging in negotiations with insurance companies. Before initiating any discussions with insurers, it is strongly advised to seek the counsel of a qualified personal injury attorney.
An attorney with expertise in personal injury law can offer invaluable guidance throughout the negotiation process, ensuring that your rights are protected and you receive fair and just compensation for your losses.
How Much Could My Alabama Personal Injury Case Be Worth?
Determining the value of a personal injury case entails a comprehensive assessment of multiple factors, chief among them being the severity of your injuries, the extent of your financial losses, and the degree of negligence attributable to the defendant.
The compensation awarded in Alabama personal injury settlements can vary widely, with average payouts typically falling within a range of $3,000 to $75,000. However, note that settlements exceeding this average are not uncommon.
Numerous variables contribute to the final valuation of a personal injury case, including medical expenses, lost wages, pain and suffering, and the impact of the injury on your quality of life.
Additionally, the negotiating prowess of your legal representation and the specific circumstances surrounding your case can also influence the ultimate payout.
What’s the Likelihood of My Personal Injury Case Going to Trial?
While many personal injury cases are indeed resolved through out-of-court settlements reached via negotiations between the parties' legal representatives and insurance companies, there are instances where reaching a fair settlement proves challenging. In such cases, the option of proceeding to trial may be pursued.
At Baxley Maniscalco, we understand the nuances of personal injury litigation and are prepared to advocate vigorously for your rights, both in settlement negotiations and in the courtroom if necessary.
While mediation is a common method used to resolve disputes outside of court, we approach it with caution, as we recognize the potential for the defense to exploit it as a tactic to delay proceedings or undermine the plaintiff's position.
Our unwavering commitment is to ensure that your interests are protected at every stage of the legal process, and we’ll explore all available avenues to secure the optimal outcome for your case.
How Long Does It Usually Take to Settle an Anniston, Alabama Personal Injury Case?
The timeline for reaching a settlement in a personal injury case is highly variable and contingent upon several factors. These factors include the complexity of the case, the severity of your injuries, and the level of cooperation from the opposing parties.
In some instances, personal injury cases may be resolved relatively swiftly, with settlements reached within a matter of months.
However, the resolution process may extend over several years in cases involving significant complexities, such as disputed liability or extensive injuries requiring prolonged medical treatment.
Is an Attorney Necessary for My Personal Injury Case?
Although there is no legal obligation to enlist the services of an attorney for a personal injury case, securing experienced legal representation can substantially enhance your likelihood of securing fair compensation for your injuries.
A knowledgeable attorney possesses the expertise to manage all facets of your case, including evidence collection, legal strategy development, and negotiation with insurance companies.
By entrusting these responsibilities to a seasoned professional, you can direct your focus toward recuperating from your injuries and restoring your well-being.
Family Law Cases
Navigating the challenging terrain of divorce proceedings? Striving to secure favorable child custody arrangements? Grappling with uncertainty regarding the fairness of your existing child support agreement? Our family law attorneys serving Anniston, Alabama can help.
Navigating the intricacies of family law matters can indeed be emotionally taxing and legally intricate.
While it may be tempting to tackle these challenges independently, the reality is that doing so often leads to greater costs and complications in the long term.
What Constitutes Family Law?
Family law encompasses a vast array of legal matters that revolve around familial relationships and domestic concerns. These cases often delve into deeply personal and emotionally charged issues that necessitate careful attention and resolution.
Some of the most prevalent types of cases falling under the purview of family law include:
- Adoption proceedings: involve the legal process of becoming the parent of a child who is not biologically yours.
- Guardianship and conservatorship matters: wherein individuals are appointed to make legal and financial decisions for incapacitated adults or minors.
- Paternity establishment and disputes: address the legal recognition of a child's biological father and related issues.
- Domestic violence protection orders: designed to safeguard individuals from abusive or threatening behavior within familial or intimate relationships.
- Child abduction and interstate custody disputes: concerning the unauthorized removal or retention of a child by a parent or guardian across state lines.
- Name changes: allow individuals to legally change their name for personal or professional reasons.
- Mediation and alternative dispute resolution for family conflicts: offer non-adversarial methods for resolving disagreements related to divorce, custody, or support.
- Enforcement of court orders: related to divorce, custody, and support, ensuring compliance with legal directives issued by family courts.
- Termination of parental rights proceedings: which involve the legal severance of a parent's rights and responsibilities towards their child.
Each of these areas demands specialized knowledge and expertise to navigate effectively, underscoring the significance of seeking guidance from a qualified family law attorney.
How Does Divorce Work in Alabama?
In Alabama, spouses have the option to file for either fault-based or no-fault divorce. The divorce process typically commences with the filing of a petition for divorce, wherein the petitioner outlines the grounds for divorce and the relief sought.
Subsequently, various aspects of the marital relationship are addressed, including the equitable division of marital assets and debts, determination of child custody arrangements, establishment of child support obligations, and consideration of alimony (spousal support) if applicable.
The duration and intricacy of the divorce proceedings can fluctuate based on several factors, such as the level of cooperation between the parties, the complexity of asset division, and the necessity for court intervention.
Amicable divorces characterized by mutual agreement on key issues may be resolved more swiftly through negotiation or mediation, whereas contentious disputes may necessitate prolonged litigation and court involvement.
How Does Child Custody Work in Alabama?
In Alabama, when adjudicating child custody arrangements, courts prioritize the paramount interests of the child above all other considerations.
This legal principle underscores the fundamental belief that decisions regarding custody should be guided by the child's welfare and well-being.
In assessing the best interests of the child, courts meticulously consider a myriad of factors, including:
- Each parent's capacity to fulfill the child's physical and emotional needs, encompasses factors such as providing a stable home environment, ensuring access to adequate healthcare, and fostering emotional support and nurturing.
- The quality of the child's relationship with each parent. Evaluating factors, such as the extent of parental involvement in the child's upbringing, the strength of the parent-child bond, and the demonstrated ability to foster a healthy parent-child relationship.
- Any history of domestic violence or substance abuse involving either parent, as such circumstances, can significantly impact the child's safety and well-being. Courts are particularly attuned to instances of domestic violence or substance abuse, prioritizing the protection of the child from potential harm.
- The child's individual needs, preferences, and developmental stage, recognizing the unique circumstances and requirements of each child.
By meticulously weighing these and other relevant factors, Alabama courts strive to reach custody determinations that promote the child's best interests and facilitate their healthy development and overall welfare.
Can Child Custody and Support Orders Be Modified?
Yes, child custody and support orders in Alabama can be modified if there is substantial evidence of a significant change in circumstances since the issuance of the original order.
These modifications aim to ensure that the arrangements continue to serve the best interests of the child as circumstances evolve.
Examples of qualifying changes that may warrant a modification of child custody or support orders include:
- Parental Job Loss: A substantial decrease in income due to unemployment or job loss may necessitate a modification of child support orders to reflect the parent's altered financial circumstances.
- Relocation: If one parent relocates to a different geographical area, particularly if it affects the existing custody arrangement or visitation schedule, the court may consider modifying the custody order to accommodate the new circumstances.
- Remarriage: A parent's remarriage can potentially impact their financial situation, living arrangements, and overall ability to provide for the child's needs. In such cases, the court may reassess the custody or support arrangements to ensure they remain equitable and in the child's best interests.
These examples illustrate the types of significant changes in circumstances that may prompt the court to reconsider and potentially modify existing child custody or support orders.
It's important to note that modifications must be substantiated by compelling evidence and demonstrate a clear necessity to protect the child's welfare and interests.
Are There Any Differences Between Legal and Physical Custody?
In the realm of child custody, legal custody, and physical custody represent distinct but interrelated concepts, each addressing different aspects of parental responsibilities and rights.
- Legal Custody: Legal custody pertains to the authority and right of a parent to make significant decisions regarding the upbringing and welfare of the child. These decisions typically encompass matters related to the child's education, healthcare, religious upbringing, and general well-being. Parents with legal custody are empowered to make determinations regarding important aspects of the child's life, such as schooling choices, medical treatments, participation in religious activities, and other significant life decisions.
- Physical Custody: Physical custody, on the other hand, pertains to the actual physical care and residence of the child. It determines where the child will primarily reside and spend the majority of their time on a day-to-day basis. The parent with physical custody is responsible for providing the child with a stable and nurturing home environment, overseeing their daily routines, and meeting their basic needs for food, shelter, and supervision.
In many custody arrangements, legal custody may be shared jointly between both parents, allowing them to collaborate and make important decisions together in the child's best interests.
Conversely, physical custody may be awarded to one parent (sole physical custody) or divided between both parents (joint physical custody), depending on factors such as the child's best interests, parental abilities, and the existing family dynamics.
How Does the Court Divide Marital Assets in Alabama Divorces?
In Alabama, the division of marital assets during divorce proceedings follows the principle of equitable distribution, which aims to achieve a fair and just allocation of assets between the spouses.
It's important to note that equitable distribution does not necessarily mean an equal or 50/50 division; rather, it seeks to divide assets in a manner deemed fair and reasonable based on the specific circumstances of the case.
When determining how to distribute marital assets, Alabama courts consider various factors, including:
- Contributions to the Marriage: The court evaluates each spouse's contributions to the marriage, including financial contributions, homemaking duties, and childcare responsibilities.
- Length of the Marriage: The duration of the marriage is taken into account, with longer marriages often resulting in a more equitable distribution of assets.
- Earning Capacity: The earning capacity and financial needs of each spouse are considered, particularly if one spouse has significantly lower earning potential or sacrificed career opportunities for the benefit of the marriage.
- Assets and Liabilities: The court assesses the nature and value of marital assets and liabilities, including real estate, retirement accounts, investments, debts, and any other financial resources accumulated during the marriage.
- Health and Age: The physical and emotional health, as well as the age, of each spouse may influence the distribution of assets, especially if one spouse requires additional financial support or has limited earning potential due to age or health-related issues.
- Conduct During the Marriage: While Alabama is a no-fault divorce state, egregious misconduct or financial impropriety by one spouse during the marriage may be considered by the court when dividing assets.
By carefully weighing these and other relevant factors, Alabama courts strive to achieve a fair and equitable division of marital assets that reflects the contributions and needs of each spouse while ensuring financial stability and a fresh start for both parties post-divorce.
How Does Grandparent Visitation Work in Alabama Divorce Proceedings?
In Alabama, grandparents have the legal right to petition the court for visitation rights under specific circumstances, including situations where the child's parents are divorced or when one parent is deceased.
When determining whether to grant grandparent visitation, the court prioritizes the best interests of the child above all else, considering factors such as the nature of the relationship between the grandparent and the child, the child's emotional well-being, and any potential benefits or drawbacks of granting visitation.
If you have further questions about family law matters in Alabama, or if you find yourself facing a family-related legal issue and require expert representation, our team of dedicated Anniston, Alabama family law attorneys is here to assist you.
Don't hesitate to reach out to us by calling (256) 770-7232 or filling out our online form to request a free and confidential consultation.
Estate Planning & Probate Cases
Embroiled in a contested will situation? Considering setting up a trust to protect your assets? Unsure about how to designate beneficiaries? Our Anniston, Alabama estate planning attorneys are here to help.
Planning for the future and managing the legal affairs of a loved one's estate can indeed be complex and overwhelming. Making mistakes without proper legal guidance can have significant financial and emotional repercussions down the line.
That's why our team is here to provide you with the clarity and guidance you need to navigate estate planning and probate cases in Anniston, Alabama effectively.
What Constitutes Estate Planning?
Estate planning is a vital process that involves crafting a comprehensive strategy for the management and distribution of your assets upon your passing.
This proactive approach ensures that your wishes are carried out effectively, your loved ones are provided for, and potential conflicts are minimized.
Here's an overview of the key components involved in estate planning:
- Will Creation: A will is a legal document that outlines how you want your assets to be distributed after your death. It allows you to designate beneficiaries for specific assets, appoint an executor to manage your estate, and, if applicable, nominate guardians for minor children.
- Trust Establishment: Trusts are legal arrangements that allow you to transfer assets to designated trustees for the benefit of beneficiaries. Trusts can help you achieve various objectives, such as minimizing estate taxes, providing for loved ones with special needs, and preserving assets for future generations.
- Beneficiary Designations: Designating beneficiaries for retirement accounts, life insurance policies, and other financial accounts is a crucial aspect of estate planning. These designations determine who will receive the proceeds from these accounts upon your death, bypassing the probate process in many cases.
- Advance Directives: Advance directives, including a living will and a healthcare proxy or medical power of attorney, allow you to specify your preferences for medical treatment and appoint a trusted individual to make healthcare decisions on your behalf if you become incapacitated.
- Estate Tax Planning: Depending on the size of your estate, estate taxes may apply upon your death. Estate planning strategies can help minimize the impact of these taxes, allowing more of your assets to pass to your intended beneficiaries.
By engaging in estate planning and addressing these essential components, you can ensure that your wishes are respected, your loved ones are provided for, and the transition of your assets is as smooth and efficient as possible.
Working with an experienced estate planning attorney can help you navigate the complexities of the process and tailor a plan that meets your unique needs and objectives.
Why Does Estate Planning Matter?
Estate planning serves as a crucial tool for ensuring that your wishes are upheld and your loved ones are adequately provided for following your passing.
Beyond its primary goal of facilitating the distribution of assets, estate planning offers several additional benefits:
- Wish Fulfillment: Through careful estate planning, you can articulate your preferences regarding asset distribution, guardianship of minor children, charitable donations, and other important matters. This ensures that your wishes are carried out precisely as you intended.
- Asset Protection: Estate planning strategies can shield your assets from potential creditors and legal challenges. By employing trusts, gifting strategies, and other asset protection techniques, you can safeguard your wealth and preserve it for future generations.
- Probate Avoidance: Probate is the legal process through which a deceased person's estate is administered and assets are distributed. Estate planning can help minimize or even bypass the probate process altogether, thereby expediting asset distribution and reducing associated costs and delays.
- Estate Tax Mitigation: Depending on the size of your estate, estate taxes may pose a significant burden on your beneficiaries. Effective estate planning strategies, such as gifting, establishing trusts, and leveraging tax-saving provisions, can help minimize the impact of estate taxes and maximize the inheritance received by your loved ones.
- Family Harmony: Clear and comprehensive estate planning can help prevent disputes and conflicts among family members. By outlining your intentions and providing clarity regarding asset distribution, you can promote peace and harmony within your family and minimize the likelihood of contentious legal battles.
In essence, estate planning empowers you to take control of your financial legacy, protect your assets, and ensure that your loved ones are provided for according to your wishes.
What Happens in Probate and When Is It Necessary?
Probate is the legal process through which the estate of a deceased individual is administered and settled under the supervision of the court. This process involves several key steps, including:
- Validating the Will: If the deceased individual left a valid will, the court must determine its authenticity and ensure that it meets all legal requirements. This typically involves submitting the will to the probate court and proving its validity through witness testimony or other evidence.
- Identifying and Valuing Assets: The executor or personal representative of the estate is responsible for identifying all assets owned by the deceased, including real estate, financial accounts, personal property, and investments. These assets must be accurately valued to determine the overall value of the estate.
- Paying Debts and Taxes: Before assets can be distributed to beneficiaries, the estate must settle any outstanding debts, taxes, and administrative expenses. This may include paying off creditors, filing final income tax returns, and addressing estate tax obligations, if applicable.
- Distributing Assets to Heirs: Once all debts and taxes have been paid, the remaining assets are distributed to the heirs or beneficiaries named in the will or determined by state law if there is no will. The distribution process is overseen by the court to ensure fairness and compliance with the law.
While probate serves an important function in settling estates and ensuring that assets are distributed according to the deceased's wishes or state law, it can be a lengthy, expensive, and public process.
As such, many individuals seek to minimize the impact of probate through various estate planning strategies, such as establishing trusts, designating beneficiaries for accounts and assets, and utilizing joint ownership arrangements.
How Long Does Probate Usually Take in Alabama?
Several factors, including the size and complexity of the estate, the presence of disputes among heirs or beneficiaries, and the efficiency of the probate court influence the timeline for completing the probate process in Alabama.
While every probate case is unique, it's essential to understand that the process can vary in duration. Here's a breakdown of the key factors that can impact the timeline:
- Size and Complexity of the Estate: Larger estates with numerous assets or complex financial arrangements may require more time to administer. Assets such as real estate, business interests, or investments may necessitate additional steps in the probate process, resulting in longer processing times.
- Disputes Among Heirs: Disputes among heirs or beneficiaries can significantly prolong the probate process. Contested wills, disagreements over asset distribution, or disputes regarding the validity of estate documents may require resolution through litigation, mediation, or negotiation, leading to delays in probate proceedings.
- Efficiency of the Probate Court: The efficiency and workload of the probate court overseeing the case can impact the timeline for probate. Courts with heavy caseloads or procedural delays may take longer to process probate petitions and schedule hearings, resulting in extended wait times for estate settlements.
Given these factors, it's challenging to provide a precise timeframe for completing probate in Alabama. However, in general, probate can take anywhere from several months to a year or more to finalize.
Executors and personal representatives should anticipate potential delays and work closely with legal counsel to navigate the probate process efficiently and effectively.
Which Assets Are Usually Involved in the Probate Process?
Assets that are solely owned by the deceased individual and do not have designated beneficiaries or joint ownership arrangements are generally subject to probate.
These assets are typically included in the deceased's estate and must go through the probate process for distribution to heirs or beneficiaries.
Here are some common examples of assets that may be subject to probate:
- Real Estate: Any real property owned solely by the decedent, such as a house, land, or rental property, may be subject to probate.
- Bank Accounts: Individual bank accounts, including checking, savings, and certificate of deposit (CD) accounts, held solely in the decedent's name are typically included in the probate estate.
- Investments: Stocks, bonds, mutual funds, and other investment accounts registered solely in the decedent's name may be subject to probate.
- Personal Property: Personal belongings and assets owned solely by the decedent, such as vehicles, furniture, jewelry, artwork, and collectibles, may need to be probated.
- Business Interests: Sole proprietorships or interests in partnerships or closely held corporations owned solely by the decedent may be subject to probate.
It's important to note that certain types of assets may bypass probate if they have designated beneficiaries or are jointly owned with rights of survivorship.
For example, life insurance policies, retirement accounts with named beneficiaries, and assets held in trust typically pass directly to the designated beneficiaries outside of probate.
Understanding which assets are subject to probate and taking proactive steps to plan for their administration can help streamline the probate process and ensure efficient distribution of the decedent's estate to heirs or beneficiaries.
Is It Possible to Avoid Probate?
Yes, probate avoidance or minimization is achievable through various estate planning techniques aimed at simplifying the transfer of assets upon death.
Here are some effective strategies:
- Revocable Living Trust: Establishing a revocable living trust allows you to transfer ownership of your assets to the trust during your lifetime. Since assets held in the trust are no longer considered part of your probate estate, they can bypass the probate process entirely upon your passing. Additionally, a living trust provides flexibility, privacy, and the ability to manage assets during your lifetime and distribute them according to your wishes upon death.
- Beneficiary Designations: Designating beneficiaries on accounts such as retirement plans, life insurance policies, and payable-on-death (POD) or transfer-on-death (TOD) accounts enables these assets to pass directly to the designated beneficiaries outside of probate. By keeping beneficiary designations up-to-date and coordinated with your overall estate plan, you can ensure a seamless transfer of assets to your intended recipients.
- Joint Ownership with Rights of Survivorship: Holding assets jointly with rights of survivorship, such as joint bank accounts or real estate owned as joint tenants with rights of survivorship (JTWROS), allows the assets to transfer automatically to the surviving joint owner(s) upon your death, without the need for probate.
- Lifetime Gifting: Making strategic gifts of assets during your lifetime can help reduce the size of your probate estate and minimize estate tax liabilities. By transferring assets to beneficiaries before death, you can effectively distribute wealth and potentially reduce the overall tax burden on your estate.
By incorporating these estate planning strategies into your overall financial plan, you can proactively address potential probate challenges, streamline the transfer of assets to your heirs, and ensure that your legacy is preserved according to your wishes.
A Loved One Has Passed Without a Will. Now What?
In the absence of a valid will, the distribution of a deceased individual's estate in Alabama is governed by the state's intestacy laws.
These laws establish a predetermined order of priority for distributing the estate among the deceased person's closest living relatives.
Here's how the intestacy laws typically allocate assets when someone dies without a will:
- Spouse's Share: If the deceased individual is survived by a spouse but no children or descendants, the entire estate will typically pass to the surviving spouse.
- Spouse and Children: If the deceased individual is survived by a spouse and children, the estate will be divided between them according to specific rules. In Alabama, the surviving spouse typically inherits the first $50,000 of the estate, plus one-half of the remaining balance. The remaining half is distributed equally among the children.
- Children Only: If there is no surviving spouse, the estate will be divided equally among the deceased person's children or descendants.
- Parents: If there is no surviving spouse or children, the estate will pass to the deceased person's parents in equal shares, or to the surviving parent if only one parent is alive.
- Siblings: If there is no surviving spouse, children, or parents, the estate may pass to the deceased person's siblings or their descendants.
These rules follow a hierarchy of succession based on the degree of familial relationship and are designed to ensure that the estate is distributed among the closest living relatives of the deceased individual.
It's important to note that intestacy laws vary by state, so the specific distribution rules may differ depending on where the deceased person resided at the time of their death.
If you have any questions or concerns regarding your estate planning process, we're here to help. You can reach out to us by calling or texting at (256) 770-7232 to request a free and confidential consultation.
Enlist Experienced Help From Baxley Maniscalco
Our firm specializes in personal injury, family law, & estate planning matters, catering to clients in Anniston, Alabama. With a wealth of experience in litigation, we've successfully managed countless cases, securing favorable outcomes for numerous clients.
At Baxley Maniscalco, we prioritize unparalleled client service, forging personal connections with each individual we represent. We believe in understanding our clients on a personal level to ensure they receive the utmost representation.
Ultimately, our goal is to attain maximum compensation and optimal results for every case, consistently upholding excellence in our legal advocacy.
If you're prepared to collaborate with a dependable legal partner, contact us today at (256) 770-7232 to schedule a confidential consultation. Rest assured, the initial consultation is always complimentary.