Revocation of Will by divorce (a dry place) 1-29-20

Once upon a time, the issue came before us of a former spouse that was named as the sole beneficiary of her ex-husband’s Will and she was also named as his personal representative/executrix (the “CEO”) of his estate in his Will that he made/executed (i.e. signed and put into effect legally) prior to their divorce. The contingent beneficiaries in the Will were their children. The former spouse wanted to probate this Will as the executrix and turn the assets over to her (their) children according to the Will, BUT by law she cannot.

§43-8-137, Code of Alabama states in part: “If after executing a will the testator is divorced … the divorce revokes any disposition…of property made by the will to the former spouse, … and any nomination of the former spouse as executor, trustee, or guardian, [is treated as if] … the former spouse failed to survive the decedent….

Huntsville Wills, Probate and Estates Attorney

What Happens If My Trustee Resigns or Dies in Alabama?

Well, if that happens the the Code of Alabama in Section 19-3B-704 has an answer to that and it states, in relevant part to the Trusts we draft, as follows:

Section 19-3B-704
Vacancy in trusteeship; appointment of successor.
(a) A vacancy in a trusteeship occurs if:

(1) a person designated as trustee rejects the trusteeship;
(2) a person designated as trustee cannot be identified or does not exist;
(3) a trustee resigns;
(4) a trustee is disqualified or removed;
(5) a trustee dies; or
(6) a guardian or conservator is appointed for an individual serving as trustee.

(b) If one or more co-trustees remain in office, then a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.

(c) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority:

(1) by a person designated in the terms of the trust to act as successor trustee;

(2) by a person appointed by unanimous agreement of the adult qualified beneficiaries and any entity which is a qualified beneficiary; or

(3) by a person appointed by the court…

(f) If a person is acting as the sole trustee of a trust and if there is no provision in the trust for a successor trustee, then the sole trustee and the adult qualified beneficiaries, by unanimous written agreement, may designate a successor trustee, which shall become trustee of the trust upon the vacancy in the trusteeship. The agreement may be recorded in the probate court or filed in the records of the trust.

(g) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.

Alabama Will or No Will – Have Spouse, No Children.

NO Will in Alabama. If you have a spouse, but NO children, then your spouse inherits the first $100,000.00 of your estate and ½ of the rest, and YOUR PARENTS receive the balance. If you want to change this we can help you do so with an Alabama Will — contact us today.  Blog Post:  (4-NO Will In Alabama-Have Spouse Parents No Child 1-20-20)

Signing Contracts for LLCs

How to sign a contract for a Limited Liability Company in Alabama:

When entering into an agreement for the LLC (your company) you should sign as follows:

(signature) John Doe, President of
Widget Enterprises, LLC

Signing as shown above is intended to limit your personal liability in contracts to the LLC.  This only works though, if you make sure the contract states in the initial recital that this agreement is between: Other Person/Company  and Your Company, LLC, but NOT YOU PERSONALLY.   Once again, make sure the agreement does NOT add your personal name in the contract or the initial recital of the contract.

Huntsville LLC