How Can I Leave Something For My Family When I Die? I'm Not Rich!

It seems lately that a lot of young couples have asked me how they can care for their children financially in the event that one or both of them were to suddenly die.

One way to care for your children financially is to fund a trust for the purposes of buying life insurance for the benefit of the children.  They ask why can I not just purchase the insurance?  Well you can, but estate taxes can be changed by Congress at any time.  By funding a trust and having the trust purchase the life insurance you are able to pass the life insurance proceeds outside the estate, thereby reducing your estate tax liability.  For more questions on this topic and/or to schedule your free consultation please contact James Fancher at 205-912-8255.

Want to know more?  Check out our video with Tragg Tew from Alfa Insurance and other helpful videos on our YouTube channel.
-Blankenship Harrelson, LLP

My ex-boyfriend has taken my child from me what can I do?

If you and your ex were not married when the child was born and/or paternity has not been established a Court, you may use the police to assist you. Generally a person can be charged with Interference with Custody Ala Code §13A-6-45. This is a Class C Felony offense.

If you were married at the time the child was born and/or paternity has been established by the Court, you would need to seek relief from the Court. Let me know if I can help you. -James Fancher (205)912-8247
Blankenship Harrelson, LLP

My sister and I cannot find our mother’s original will. Can we use a copy?

Can you use a copy? Yes, generally you can probate a copy of a will. 

What is the difference between a self proved will and one that is not?

A self proved will is where you have a notary notarize the signatures of the witnesses. When you go to probate a self proved will there is no need for the witnesses to be found and brought in to testify to their signature.

If you have questions about your will or need to make a will, please give me a call. -James Fancher (205)912-8247
Blankenship Harrelson, LLP

I depend on alimony. What happens if my ex dies?

My husband/wife and I are going through a divorce. We have agreed that I will be the custodial parent and my soon to be ex will pay child support and alimony. If I did not have the child support and/or alimony I would not be able to take care of our kids. What can be done to protect me and our kids in the unlikely event my husband/wife were to pass away?

I would recommend that a life insurance policy be taken out on your soon to be ex. I would also require that the policy had you and/or the kids listed as IRREVOCABLE beneficiaries. By making the beneficiaries irrevocable the policy holder cannot later change the beneficiaries.

If I can help in any way with your will, child support or any family legal issues, please give me a call. -James Fancher (205)912-8247
Blankenship Harrelson, LLP

What happens to our children if we pass away?

My husband and I have a minor child together; how can we ensure they are placed in the custody of a person of our choosing if something were to happen to us?

This question goes back to the importance of having a will. Within a will you can name guardians, conservators, and trustees. I suggest to everyone that that they name not only a primary person but an alternate person as well. In general, the Court will do everything they can to place the individual in the position you have named in your will so long as they meet the requirements required by law.

If you have any questions please call me.
-James Fancher (205)912-8247 or email: james.fancher@bhattorneysllp.com
Blankenship Harrelson, LLP