Who Does What in Your Estate Plan? Executors, Trustees, and Powers of Attorney in Alabama

Posted on February 26, 2026February 27, 2026 by McCartha-Law

If you’ve ever sat through an estate planning meeting and thought, “Now which one of these people actually does what?”, you are not alone. Clients at McCartha Law in Huntsville ask all the time about the difference between the executor named in their will, the trustee named in their trust, and the person they appoint under a financial power of attorney. The good news is that once you see when each role “turns on,” and which bucket of assets they handle, it starts to make a lot more sense.

Three Roles, Three Different Moments

Your executor (also called a personal representative in Alabama) only goes to work after you have passed away and after the probate court has officially appointed them. They gather probate assets, work through the “probate maze,” deal with creditors and final bills, and then distribute what is left according to your will.

Your trustee manages anything you have titled in the name of your trust, following the instructions in that trust document—sometimes during your lifetime and often for years after your death for the benefit of your spouse, children, or other beneficiaries.

Your agent under a financial power of attorney acts only while you are living, and can step in to help pay bills, manage accounts, and handle legal and financial matters if you are out of commission or simply need help; their authority ends at your death.

What They All Have in Common: Fiduciary Duty

Even though these jobs are different, they all share one important feature: each person is a fiduciary, meaning they are legally required to put your interests (or your estate’s or trust beneficiaries’ interests) ahead of their own. An executor must follow your will and Alabama law, not what is easiest or most convenient. A trustee must manage trust assets prudently, avoid self‑dealing, and keep beneficiaries reasonably informed. An agent under a power of attorney must use your money and property for your benefit and follow the instructions you put in that document. In other words, you are not just picking someone you “like”—you are selecting someone you trust to follow the rules and do the right thing when you are not in the room to speak for yourself.

One Trusted Person, or a Team?

In many North Alabama plans, it makes sense for the same trusted person to wear all three hats at different times, which can make things smoother when life happens. In other families, it is better to break up the roles—for example, a responsible adult child as executor and power of attorney, but a more financially savvy sibling or professional as trustee to oversee investments over the long haul. There is no one‑size‑fits‑all answer; the right structure depends on your family dynamics, your assets, and who you truly trust. If you are not sure whether you have the right people in the right roles, we are glad to sit down with you, review your current documents, and help you tighten things up under Alabama law so your plan actually works when your family needs it most.

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

Posted on September 2, 2025February 5, 2026 by McCartha-Law

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.

Coronavirus disease (COVID-19) Response – Reaching New Heights -When Times Are Low

Posted on March 20, 2020January 6, 2026 by McCartha-Law

McCartha Law is still providing exceptional Teaching, Equipping, and Legal Protections with our Wills, Estate Planning, and Probate services, along with our Limited Liability Company (LLC) formations, and our Non-Profit (501c3) Formations and 1023 Applications with the IRS. As a matter of fact, we are able to do some of these services either mostly or exclusively online with you through emails, teleconferencing, and Zoom!

Consequently, for many of our clients it is a down time to reach new heights and begin their new business (LLC or Nonprofit) and/or a time to finally solidify your Estate Planning Needs with genuine understanding.

For those of our clients who continue to need in person meetings we haven’t gone anywhere and we are still at the office and at work — which we are more able to do than other businesses due to the small size of our family law firm. Nevertheless, we do employ the following preventative guideline FREQUENTLY to keep our prevention record stellar.

WE Wash our hands frequently

Regularly and thoroughly clean your hands with an alcohol-based hand rub or wash them with soap and water.

Why? Washing your hands with soap and water or using alcohol-based hand rub kills viruses that may be on your hands.

WE work to Maintain social distancing while still being personal

Maintain at least 3 feet between each other and particularly 6 feet distance between ourself and anyone who is coughing or sneezing.

Why? When someone coughs or sneezes they spray small liquid droplets from their nose or mouth which may contain virus. If you are too close, you can breathe in the droplets, including the COVID-19 virus if the person coughing has the disease.

WE Avoid touching eyes, nose and mouth — we have found this is more difficult than it seems — how about you?

Why? Hands touch many surfaces and can pick up viruses. Once contaminated, hands can transfer the virus to your eyes, nose or mouth. From there, the virus can enter your body and can make you sick.

WE Practice respiratory hygiene

Make sure you, and the people around you, follow good respiratory hygiene. This means covering your mouth and nose with your bent elbow or tissue when you cough or sneeze. Then dispose of the used tissue immediately.

Why? Droplets spread virus. By following good respiratory hygiene you protect the people around you from viruses such as cold, flu and COVID-19.