12 Sep

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!

2 Sep

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

McCartha Law

Estate Planning, Will, Trust, Probate

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.

27 Aug

How Does a Trust Work… Simply?

McCartha Law

Estate Planning, Will, Trust, Probate Beneficiary, Grantor, Trustee, Trusts

How Does a Trust Work… Simply?

At McCartha Law, we believe that understanding how a trust works doesn’t have to be complicated. While trusts can feel overwhelming at first, the core concept is relatively straightforward.

In simple terms, a trust is an agreement that outlines how your assets (property, money, or other valuables) will be managed and distributed. There are three essential roles involved in every trust: the Grantor, the Trustee, and the Beneficiary.

1. The Grantor: The Creator of the Trust

The Grantor (sometimes called the “Settlor” or “Trustmaker”) is the person who establishes the trust. This is the individual who decides how their assets should be handled and creates the rules for the trust (what we call the “rules of the game”). The Grantor also decides which property will be transferred into the trust.

2. The Trustee: The Legal Owner

The Trustee is the person or institution responsible for managing the trust according to the Grantor’s instructions. The Trustee holds legal ownership of the trust property. This means they have control over the property and are tasked with making sure the trust operates smoothly.

Importantly, the Trustee does not own the property in the usual sense—they must act in the best interest of the Beneficiary and follow the Grantor’s rules. The Trustee holds what we call “legal ownership,” but only in a fiduciary sense, meaning they must act responsibly and in good faith.

3. The Beneficiary: The Ultimate Recipient

The Beneficiary is the person or entity who ultimately benefits from the trust. The Beneficiary has what we call equitable ownership, meaning they are entitled to the benefits of the trust property. The Beneficiary may receive income from the trust, use of the property, or an outright distribution of assets at a certain time.

In essence, the Beneficiary holds the other half of ownership, where they gain the benefit, but do not have control over the assets.

The Three Key Essentials of Every Trust

Every trust, no matter how complex or simple, has these three key components:

Grantor (Creator): The one who creates the trust and decides its purpose.
Trustee: The person or institution who manages and controls the assets.
Beneficiary: The person or entity who ultimately benefits from the trust.

These three roles work together to ensure that the Grantor’s wishes are carried out, the Trustee manages the property responsibly, and the Beneficiary receives the intended benefits.

How Trusts Benefit You

Trusts are often seen as a way to protect assets, minimize taxes, and provide for loved ones in a structured manner. Whether you’re planning for retirement, protecting assets for your children, or ensuring your family avoids probate, a trust can be an incredibly valuable tool.

At McCartha Law, we understand that creating a trust can be an emotional and complex decision. It’s not just about choosing who gets what—it’s about making sure everything happens exactly the way you want. That’s why we’re here to help you navigate the process with confidence.

Don’t Go It Alone—McCartha Law Is Here to Help

Creating and managing a trust might seem straightforward in theory, but in practice, it’s essential to get it right. That’s why it’s important to have legal guidance from professionals who specialize in trust law.

At McCartha Law, we can help you create a trust that reflects your goals, provides security for your loved ones, and ensures everything works as intended. We’ll be with you every step of the way—not just online, but in person, ensuring you make informed decisions and avoid common pitfalls.

Ready to Get Started?

If you’re ready to learn more or create a trust that meets your needs, contact McCartha Law today. We’re here to provide expert advice and support, helping you protect your assets and secure the future of those you care about.

1 Aug

Alabama Probate Guide: Paying Executor Fees and Expenses the Right Way

McCartha Law

Estate Planning, Will, Trust, Probate

In Alabama probate, an executor (personal representative) does not need to file a formal claim for administrative expenses like other creditors must do. However, there are important rules regarding timing, reasonableness, documentation, and approval of those expenses.

Key Points About Executor Administrative Expenses in Alabama:

Priority of Payment

Under Ala. Code § 43-2-371, administrative expenses (including executor’s fees and expenses incurred in managing or preserving the estate) are given top priority in the order of estate payments — even before creditor claims and distributions to beneficiaries.

No Need to File a Creditor Claim

Executors do not need to file a claim under Ala. Code § 43-2-350 et seq. like outside creditors. Instead, they are entitled to direct reimbursement from the estate for reasonable and necessary expenses incurred in administering the estate.

Timing and Reimbursement

Executors can reimburse themselves from estate funds as expenses are incurred, so long as:

The estate has sufficient liquidity.
The expenses are reasonable, necessary, and documented.
The executor keeps clear records and receipts.
The probate court has not otherwise restricted disbursements.

In practice, many executors will wait until an interim or final accounting is approved by the court or agreed to by the beneficiaries, especially for larger reimbursements, to avoid disputes.

Court or Beneficiary Oversight

If the executor is reimbursing themselves:

It’s best practice to either get court approval (especially in supervised administration) or
Have beneficiary consent, especially if distributions or funds are contested.

The final settlement or accounting is where the executor must justify all administrative expenses and fees. If a beneficiary or even the court objects, the probate judge may review for abuse or excessiveness.

Need Help Navigating Executor Duties or Probate in Alabama?
At McCartha Law, we guide executors and families through the probate process with clarity and confidence. If you have questions about executor expenses, reimbursements, or how to avoid disputes with beneficiaries, we’re here to help.

Call us today at (256)270-4233 or schedule a consultation online to make sure your responsibilities are handled correctly—and your rights as an executor are protected.

8 Nov

The Corporate Transparency Act

McCartha Law

Bank And Financial, Corporate

Why it looks like a good idea to form your LLC before January 2024! It gives you more time to comply with the Corporate Transparency Act (CTA).

The Corporate Transparency Act (CTA) most likely applies to you or someone you know. Failure to comply with this egregious and overreaching act will criminalize the failure and fine them into eventual bankruptcy. I suppose you can see McCartha Law, LLC is against this act as it applies to those of us who are small to medium businesses as it is conceivable that it could criminalize up 34 million of us in the U.S. who are otherwise law abiding citizens and for what — not registering ourselves with the federal government so we can “show law enforcement our papers”.

WHEN?
Beginning January 1, 2024, the US Corporate Transparency Act (CTA) will require “reporting companies” to submit a report to the Financial Crimes Enforcement Network (FinCEN) containing personal information about the reporting company’s “beneficial owners.” Reporting companies formed before January 1, 2024, will have until January 1, 2025, to file their initial report with FinCEN (hence it seems that it is a good idea to form your LLC now so you have more time to report). Willful failure to comply with reporting obligations can result in steep financial penalties. Proposed regulations issued on September 27, 2023, extend the period for which reporting companies formed on or after January 1, 2024, and before January 1, 2025, must file their initial report to within 90 days of the company’s formation. Reporting companies formed on or after January 1, 2025, must file an initial report within 30 days of the company’s formation.

What is the CTA?
It is allegedly the U.S. government’s attempt to peek into every business and see who is benefiting from it so it can “combat terrorism and money laundering.” Of course, the gov’t uses higher sounding and more self-serving words than I just used to explain their motives. Consequently, we are now involved in a nation of “show me your papers” or go to jail and be fined.

Who does it apply to?
The CTA imposes certain reporting requirements on various types of business entities, particularly those that are involved in forming new legal entities or maintaining existing ones.

What are the key requirements of the Corporate Transparency Act:

Reporting Beneficial Ownership Information: Under the CTA, certain entities are required to report information about their beneficial owners to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury. Beneficial owners are individuals who directly or indirectly own or control 25% or more of the ownership interests in a reporting entity or exercise substantial control over the entity.
Covered Entities: The CTA applies to various types of entities, including corporations, limited liability companies (LLCs), and similar legal structures. Exemptions are provided for certain entities, such as publicly traded companies (big companies), registered investment companies, and charitable organizations.
Initial Reporting: When a covered entity is formed or registered, it must submit a report to FinCEN that includes information about its beneficial owners. This information typically includes names, addresses, dates of birth, and a unique identifying number from an acceptable identification document, like a driver’s license or passport.
Reporting Updates: Covered entities must also submit updates to FinCEN if there are changes in their beneficial ownership information. This is required within one year of any change.
Access to Information: Information provided to FinCEN is not (supposed to be) publicly available but can be accessed by law enforcement agencies, financial institutions with customer due diligence obligations, and certain government agencies for authorized purposes (no one knows what this means but it usually means the gov’t makes the rules up as it goes along to its own benefit).
Penalties: Failure to comply with the reporting requirements of the Corporate Transparency Act can result in penalties. The Act outlines potential civil and criminal penalties for non-compliance. Here are some of the penalties that can be imposed:

Civil Penalties:

For individuals, civil penalties can be up to $500 per day for each day of non-compliance.

Criminal Penalties:

Willful violations of the Corporate Transparency Act can result in criminal penalties, including fines of up to $10,000 and imprisonment for up to two years.
It’s important to note that these penalties are subject to change, and you should consult the most current legal sources or the relevant government agencies for the latest information and updates on the Corporate Transparency Act and its penalties. Additionally, individuals and entities subject to these reporting requirements should consult legal counsel to ensure compliance with the law.

Although we disagree with the CTA as it applies to small businesses, we are still here to help you both comply with the CTA and to set up your LLC soundly now — so go ahead and call us and we’ll form your LLC now and then in 2024 we will find a way to navigate the CTA with you.

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