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….

Safe with a Trust: A Trust is an agreement with some you “trust” (Trustee) to do what you want them to do for someone else (Beneficiary). If drafted well a Trust can often protect against creditors/lawsuits and bypass Probate. I believe a Trust is a near essential when Estate Planning for minors.

Electronic filing mandate for Forms 990 and 990-PF
Effective for tax years beginning after July 1, 2019, the Taxpayer First Act requires organizations exempt from taxation to file their annual Form 990 and Form 990-PF returns electronically, unless covered by one of the exceptions listed in the form instructions. Form 990-EZ filers are required to file electronically for tax years ending July 31, 2021, and later. IRS will be sending an educational letter (Letter 6194) to organizations that filed paper Forms 990 or 990-PF prior to 2019. There is no need to reply to the letter.

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)