Kelley Legacy Law

Kelley Legacy Law Your family deserves a lawyer who knows you, not just your documents. Michael W. Let me put my knowledge and experience to work for you.

I offer personalized, long-term guidance as a Personal Family Lawyer to help protect your loved ones at every life stage.
*Not intended to be legal advice.* Kelley, II, Attorney at Law, LLC is a full service law firm providing excellent legal services with a personal touch that you may not get at bigger firms. I guarantee, if you call my office, you will talk to me and get a free initial consultat

ion, whatever your issue. I have represented individuals and businesses, both plaintiffs and defendants in matters ranging from a few hundred dollars to a few million dollars and have had success for my clients in both state and federal courts across Alabama. I have represented insurance companies but also fought against the insurance companies on behalf of my clients.

Q: "I just made a will. Am I actually done?"Not quite.A will doesn't touch your beneficiary designations. Those override...
08/28/2026

Q: "I just made a will. Am I actually done?"

Not quite.

A will doesn't touch your beneficiary designations. Those override your will completely. It doesn't fund your trust if one was created. It doesn't cover incapacity. And it doesn't update itself when your life changes.

The full checklist is in this week's article.

There's a difference between having a will and having a plan. Most families don't find that out until it matters. This w...
08/26/2026

There's a difference between having a will and having a plan. Most families don't find that out until it matters. This week's article is your checklist for what actually comes after you sign.

Did you know?A trust you sign but never fund still goes through probate.Signing and funding are two completely different...
08/24/2026

Did you know?

A trust you sign but never fund still goes through probate.

Signing and funding are two completely different steps. Most families only do one.

A life insurance policy that lapses sends no notification to the beneficiary.The first time most families find out is wh...
08/21/2026

A life insurance policy that lapses sends no notification to the beneficiary.
The first time most families find out is when they file a claim and discover the policy is gone.
The policy existed. It just wasn't maintained.

In Cosby Show star Malcolm-Jamal Warner's case, the policy was never purchased at all.

This week's article breaks down what a verification should have caught.

Q: "We have a prenup. We're good, right?" A prenup is the promise. What protects your family is whether the commitments ...
08/19/2026

Q: "We have a prenup. We're good, right?"

A prenup is the promise. What protects your family is whether the commitments in it were actually carried out, and having someone whose job it is to verify that, every year.

Most families never have anyone check. That's the gap.

This week's article uses the case of Malcolm-Jamal Warner, the actor best known as Theo Huxtable on The Cosby Show, to show exactly what that gap looks like, and what should have happened instead.

$1 million life insurance policy. Never purchased.A Roth IRA he agreed to fund. Never funded.Annual payments written int...
08/17/2026

$1 million life insurance policy. Never purchased.

A Roth IRA he agreed to fund. Never funded.

Annual payments written into their premarital agreement. Never made.

One year after Cosby Show star Malcolm-Jamal Warner died tragically in a drowning accident on a family vacation, his widow is suing for $1.2 million in unfulfilled promises. The commitments were in writing. They were just never carried out.

This week's blog is about what I would have done differently as their attorney.

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Most families with trusts have not heard about the provision buried in the One Big Beautiful Bill. Their trust is genera...
07/11/2026

Most families with trusts have not heard about the provision buried in the One Big Beautiful Bill. Their trust is generating income right now. The question is what happens to it under the new rules.

I work with families to find that out, and to make sure the plan they have matches the law that actually exists.

Comment TRUST and I'll send you a link to book a complimentary Life & Legacy Planning® Session 📩

Did you know?The new trust provision isn't just a problem for $100M dynasty trusts.It’s even going to affect somebody wi...
07/10/2026

Did you know?

The new trust provision isn't just a problem for $100M dynasty trusts.

It’s even going to affect somebody with a $400,000 special needs trust.

The common thread isn't wealth. It's any trust that distributes income to someone who depends on it.

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In case you missed it: here is how the double taxation actually works.When a trust distributes income to a beneficiary, ...
07/09/2026

In case you missed it: here is how the double taxation actually works.

When a trust distributes income to a beneficiary, the trust has historically been allowed to deduct that distribution. The income gets taxed once, at the beneficiary level. That is how the system was designed to work.

Under the new deduction limitation in the One Big Beautiful Bill, a trust that has reached the top income bracket may not be able to fully deduct what it distributed.

For trusts, that bracket kicks in at approximately $16,000 in taxable income.
The result: the trust owes tax on money it already sent out. The beneficiary who received that money owes tax on it too. One dollar, taxed twice.

If the trust is obligated to distribute its income to a surviving spouse, a child with a disability, or anyone who depends on those payments, it now has to find money to pay a tax bill on income it no longer holds. That typically means one of two things: dipping into the principal the trust was built to protect, or going back to court to reduce distributions.

Neither outcome is what the trust was designed to do.

Read this week's article to understand whether your trust faces this problem and what the options are.

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"Most families have no idea this provision exists. It was buried in a Congressional footnote. Their trust is generating ...
07/08/2026

"Most families have no idea this provision exists. It was buried in a Congressional footnote. Their trust is generating income right now that may be taxed twice."

If your trust has not been reviewed since the new law passed, let's talk.

Comment TRUST and I'll send you a link to book a complimentary Life & Legacy Planning® Session 📩

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3320 Skyway Drive, Suite 808, Opelika
Auburn, AL
36830

Opening Hours

Monday 8:30am - 5pm
Tuesday 8:30am - 5pm
Wednesday 8:30am - 5pm
Thursday 8:30am - 5pm
Friday 8:30am - 5pm

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