Sara Doty Attorney at Law, LLC

05/11/2026

Blended Families Need Special Planning ❤️

When you blend two families, love grows — but so can complications down the road.
One of the most common heartbreaks we see: After the surviving spouse passes away, children from the first marriage often get left out or receive far less than intended. The new spouse’s side receives everything, and the original children are unintentionally disinherited.

A well-designed revocable living trust changes that.

With a trust, you can:

Protect and provide for your spouse during their lifetime

Ensure your children (from this or previous relationships) still receive their intended inheritance

Prevent family conflict and expensive legal battles

Keep your wishes private and out of probate

Blended families deserve peace of mind — not probate drama.
If you’re part of a blended family, don’t leave your legacy to chance. Proper estate planning protects everyone you love.
Have you thought about how your assets will be divided in a blended family? Schedule an appointment — I’m happy to help.
(256) 519-9970

10/16/2025

🚨 Alabama Homeowners, Protect Your Property! 🏡 Did you know that placing your property and assets into an irrevocable trust can shield them from nursing home costs? In Alabama, Medicaid can claim assets for long-term care, but an irrevocable trust removes them from your estate—saving your legacy for your family! Call us for a consultation to set this up today. 📜
(256) 519-9970

04/18/2025

03/19/2025

This cute young man is a shining example of life's beauty. He shared with the Judge his heartfelt appreciation for having his stepdad, now his official dad, adopt him today.

12/13/2024

Why Estate Planning is the Perfect Holiday Present for Your Family

The Gift of Peace
As the holiday season approaches, our thoughts turn to the joy of giving and the importance of family. While traditional gifts bring smiles and laughter, there’s a unique and lasting present that often gets overlooked: the gift of peace through estate planning. How can estate planning be a meaningful and invaluable gift for your family during the holiday season?

Ensuring Financial Security: The holiday season is a time of joy, but it’s also an opportune moment to reflect on the future. Estate planning allows you to secure your family’s financial well-being by organizing assets, creating trusts, and developing a clear plan for the distribution of your estate. This financial security can be a lasting legacy, providing comfort and stability to your loved ones long after the holiday decorations are put away.

Protecting Your Loved Ones: One of the greatest gifts you can give your family is the assurance that they will be taken care of in the event of unforeseen circumstances. Through estate planning, you can designate guardians for minor children, ensuring they are raised by individuals whom you trust and who share your values. This thoughtful consideration can ease the minds of both parents and children, creating a sense of security and continuity.

Minimizing Family Conflicts: The holiday season is meant to be a time of togetherness, but disagreements over inheritances can strain family relationships. Estate planning provides an opportunity to minimize potential conflicts by clearly outlining your wishes and intentions. With a well-crafted plan, you can help prevent misunderstandings, legal battles, and undue stress for your loved ones.

This holiday season, consider going beyond the traditional gifts and give your family the invaluable present of peace through estate planning. By taking the time to organize your affairs, you’re not only ensuring financial security and minimizing potential conflicts but also leaving a legacy of love, values, and thoughtful consideration. This holiday season, make estate planning a priority and provide your family with the lasting gift of peace of mind.

Contact our office to learn how we can help. (256) 519-9970
www.dotylawfirm.com

12/13/2024

Merry Christmas 🎄

12/04/2024

Family Preservation Matters.
One of the biggest concerns and one of the primary reasons for creating an estate plan is mitigating the risk of familial conflict should you become incapacitated or pass away. The harsh reality is that the tragic and unexpected can occur at any moment, and you must be as prepared as possible. Familial conflict can be devastating to relationships within the family; it stands to put your estate at risk when you ultimately pass away. When loved ones pass away, emotions run high. As such, there are times when conflict can be more likely if one is not careful. This is true when it comes to estate plans because if emotions are running high, there can be conflict and arguments that occur if there is not a proper understanding of an estate plan, how it works, or who gets to keep various assets, when it comes to estate plans, and more. Safeguarding your estate plan should be one of your top priorities. We can provide you with the guidance you need. Call our office at 256-519-9970 for a no cost consultation to discuss all of your options.

09/17/2024

HOW CAN I AVOID PROBATE?

You can avoid the cost and time delay of probate by using a number of different methods:
1. Joint tenancy with a right of survivorship Deed (JTWROS)
2. Payable on Death (POD) or Transfer on Death (TOD) Accounts
3. Beneficiary Designations
4. Gifts During Lifetime
5. Placing Assets in a Trust

JOINT TENANCY
If you own a bank account or real estate with another person as Joint Tenants with a Right of Survivorship, then, upon your death, the other owner or tenant inherits the asset with NO requirement of probate. However, Joint Tenancy only applies to that specific account or property. Therefore, if both you and the other owner are deceased, then probate may be required for that asset. Property held in a Life Estate Deed also avoids probate.

POD OR TOD
If you place a Payable On Death designation on your bank account or a Transfer On Death designation on your brokerage or mutual fund account, then, upon your death, the person designated as the POD or TOD beneficiary inherits the account with NO requirement of probate. Like Joint Tenancy, a POD or TOD applies only to that specific account. Therefore, if both you and the POD or TOD beneficiary are deceased, then probate may be required for that asset.

BENEFICIARY DESIGNATIONS
If you designate a friend or family member as the beneficiary of your life insurance or retirement account, then upon your death the beneficiary inherits the life insurance or retirement account with NO requirement of probate. This rule applies only to that specific policy or account. Once again, if both you and the designated beneficiary are deceased, then probate may be required for that life insurance policy or retirement account. Be sure to ask if secondary beneficiaries may be listed for your accounts.

GIFTS DURING LIFETIME
If you give your assets away during your lifetime, then upon your death the gifted assets are not part of your probate estate, and the recipient has received the asset with NO requirement of probate. After you make a completed gift to someone, the asset is no longer yours and is no longer available for your use. Be advised that gifting may result in a gift tax when the gift made is valued over $18,000, or in a higher capital gains tax for the recipient when the gifted assets are sold.

REVOCABLE LIVING TRUSTS
If you place all of your probate assets in a revocable grantor or "living" trust, then, upon your death, the beneficiary of your trust will inherit ALL of the assets in the trust with NO requirement of probate. For that reason, the Living Trust is the most comprehensive method of avoiding probate.
Caution: Each method of avoiding probate has both advantages and disadvantages. Consultation with an estate planning and probate attorney is necessary to decide how to structure your assets to avoid probate and which methods are best for you and your family.

You can reach us at 256-519-9970 to schedule an appointment to discuss what options are best for you and your family. We look forward to working with you.

We help protect your family and your legacy though estate planning & adoption. We can help you determine the best options for your specific situation.

08/21/2024

Common Probate Questions

1. Can someone sell my property if I am on the Will?
The specific terms of the Will generally determine this. If the Will explicitly states that you are to receive a property, it usually cannot be sold without your consent. However, under certain circumstances, the executor might have the legal authority to sell the property.

2. What are the consequences of not going through probate?
Probate is a crucial legal process that validates a Will and ensures the proper distribution of assets. Bypassing it could lead to inheritance disputes, potential legal complications, and delays in asset distribution.

3. Why would a Will not go to probate?
Certain assets, such as jointly owned properties or assets with designated beneficiaries (like life insurance policies or financial accounts with beneficiaries or POD), bypass probate.

4. Which is better for estate planning, a Will or a trust?
Both instruments have their advantages. A Will is a legal document directing how your property should be distributed after your death. On the other hand, a trust provides control over your wealth and assets during your lifetime and dictates their distribution after your death. Trusts also offer the advantage of avoiding probate.

5. What happens to joint assets when someone dies?
Joint assets typically pass directly to the surviving owner without undergoing probate. There are some exceptions.

6. What states have an inheritance tax?
As of 2024, six states impose an inheritance tax: Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania.

7. What is the duration of the probate process?
The duration of the probate process can vary considerably, depending on factors like the complexity of the estate and disputes among beneficiaries. In Alabama, it typically takes between six months to a year.

8. What is a probated Will?
A probated Will is a legal document authenticated by the probate court. This process confirms the Will as the deceased’s valid last testament.

9. Why am I listed as a non-devisee for probate of Will?
A non-devisee is an individual who does not receive property under a Will. You could be classified as a non-devisee if you’re a legal heir, but the Will does not leave you any property.

10. What should I do for probate with no Will?
In Alabama, if someone dies without a Will (intestate), their estate will be distributed according to state law. There are extra steps that have to be taken in an estate without a Will. It’s wise to consult with a probate attorney to guide you through this process. Having a probate lawyer in your corner will ease your stress and smooth the process.

We’re here to navigate the complexities of probate law. Call our office at (256) 338-9730 to schedule an appointment.

We help protect your family and your legacy though estate planning & adoption. We can help you determine the best options for your specific situation.