Extended Hours Every Tuesday

Extended Hours at McCartha Law – Serving Huntsville, AL and Beyond –

Good news! McCartha Law is now offering extended office hours every Tuesday from 8 AM to 8 PM. To better serve our clients, we will now offer Tuesday evening virtual consultations, making it easier than ever to get the legal guidance you need on your schedule. Whether you’re looking for help with Wills and Estate Planning, LLC formation, or Probate matters, our team is here to provide trusted legal support for clients in Huntsville, Madison, and the surrounding North Alabama areas. At McCartha Law, our mission is simple: Making the complex simple so our clients feel comfortable and confident knowing what McCartha Law does for them works!

Do My Will Online, with AI, or with a Lawyer in Alabama? The Risks Every Family Should Know

Do My Will Online, with AI, or with a Lawyer in Alabama? The Risks Every Family Should Know

In Alabama, DIY, online, and AI Wills often fail because they don’t meet strict legal requirements under Alabama law. At McCartha Law in Huntsville, we’ve seen these mistakes lead to family disputes, invalid Wills, and costly probate battles. An experienced Alabama estate planning attorney ensures your Will is valid, enforceable, and protects your loved ones.

Why Alabama Online and AI Wills Often Fail

Alabama has strict requirements for what makes a Will valid. Under Alabama Code § 43-8-130 -141, a valid Will must:

– Be in writing
– Be signed by the testator (the person making the Will)
– Be signed by at least two witnesses, who are present at the same time and who watch the testator sign

That may sound simple—but small mistakes in execution can invalidate the entire document. Online Will forms and AI-generated templates rarely account for these critical steps in a way that fits Alabama probate law.

In our Huntsville office, we routinely see issues such as:

– Improper witnessing (no two qualified witnesses at the same time)
– Out-of-state templates that don’t comply with Alabama probate court rules
– Ambiguous language that sparks inheritance disputes
– Missing contingencies (what happens if a beneficiary dies first, or a minor inherits)
– Failure to meet Madison County probate standards

What seems like a simple, cheap solution can end up costing families thousands of dollars and years of litigation.

The Cost of a Defective Will in Alabama Probate Court

We often tell clients: a Will is not expensive compared to the cost of getting it wrong. Here’s why:

– Probate Litigation Costs – A contested Will in Madison County Probate Court can cost tens of thousands in attorney’s fees.
– Family Conflict – Ambiguous DIY Wills often pit siblings or heirs against each other.
– Unintended Beneficiaries – Poor wording can accidentally exclude or include the wrong people.
– Minor Children Issues – Alabama requires guardianship or trust planning for minors, which DIY forms often ignore.

That “$99 online Will” often becomes a $25,000 probate nightmare in Alabama.

Even Some Lawyers Get Alabama Wills Wrong

It may surprise you, but we’ve even seen Wills drafted by attorneys that fail to meet Alabama’s Will execution standards. Sometimes these lawyers practice in other areas and don’t focus on estate planning. Other times, they rely on outdated templates.

We’ve been called into Madison County Probate Court and other North Alabama probate courts to fix these errors. Sometimes we can, sometimes we can’t. Sadly, once someone passes away, their intent can’t be clarified.

Benefits of Hiring a Huntsville Estate Planning Attorney

Hiring an experienced Huntsville estate planning lawyer gives you benefits that no online or AI tool can:

1. Legal Compliance – Drafted and executed to meet every Alabama requirement.
2. Customized Planning – For blended families, second marriages, special needs children, and unique assets.
3. Future-Proofing – Accounting for contingencies and life changes.
4. Proper Execution – We supervise the signing to make it legally airtight.
5. Peace of Mind – Confidence that your family is protected in Madison County and beyond.

Real Probate Case Example from Madison County, Alabama

We recently assisted a family where the deceased had used an online Will template. It left assets to “my children” but didn’t define the term. The deceased had both biological children and stepchildren. The probate court in Madison County had to decide whether “children” included stepchildren—a costly, painful dispute that fractured the family.

An experienced North Alabama estate planning attorney would have avoided this problem with precise language.

The Bottom Line for North Alabama Families

When it comes to your estate, doing it yourself with an online form or AI tool may seem like an easy fix, but in Alabama, it often causes more harm than good. Even some lawyers without deep estate planning experience get it wrong.

At McCartha Law in Huntsville, Alabama, we know the probate courts of Madison County and North Alabama. We’ve seen the damage defective Wills cause, and we are committed to getting it right the first time—so your family won’t suffer later.

Frequently Asked Questions About Wills in Alabama

Can I write my own Will in Alabama?

Yes, Alabama law allows you to write your own Will. However, it must meet strict requirements under Alabama Code § 43-8-131. The Will must be in writing, signed by you, and signed by at least two witnesses who are present together when you sign. Many DIY or online Wills fail to meet these standards, which often leads to the Will being rejected in probate court.

Are online Wills valid in Alabama?

Not always. While some online templates may look official, most are written for general use across all 50 states and do not match Alabama’s specific requirements. We often see problems such as improper witnessing, vague wording, or missing provisions. A probate judge in Madison County or elsewhere in Alabama can declare the entire Will invalid if it doesn’t comply.

What happens if my Alabama Will isn’t signed correctly?

If your Will is not signed and witnessed correctly, it may be treated as if you died without a Will. That means your property will be distributed under Alabama’s intestacy laws, not according to your wishes. In practice, this often leads to family disputes, higher costs, and assets going to people you may not have intended to inherit.

Do I need a lawyer to make a Will in Huntsville, Alabama?

Legally, no—you are not required to hire a lawyer. But practically, having an experienced Huntsville estate planning attorney ensures your Will is legally valid, clearly written, and tailored to your family’s needs. At McCartha Law, we supervise the signing, anticipate future issues, and draft documents that stand up in Madison County Probate Court and beyond.

Call McCartha Law – Huntsville’s Estate Planning and Probate Law Firm

If you’re considering whether to do your Will online, with AI, or with a lawyer—remember this: you only get one chance to get it right. Protect your family, your wishes, and your legacy.

Call McCartha Law, Huntsville’s estate planning and probate attorney, today to schedule a consultation.