Estate Planning, Trusts,
Probate, and Real Estate Law
From Madison to Mountain Brook
Take care of those you love
When a loved one dies, there is a crisis. The family is grieving and at a loss. You can always tell if the person has “numbered his days” and thought through the end of his own life. Estate planning is a gift, and so is proper administration of someone’s estate.
More than 20 years of experience
James B. Griffin started practicing law at a large firm in Atlanta and moved to smaller firms in Covington (GA) and Birmingham before establishing his own firm in 2014, which focuses on the critical issues of age, mortality, and death. Having lost his own parents and his aunts and uncles in recent decades, he understands what his clients need. He has drafted thousands of estate and probate documents, served as court-appointed administrator for numerous estates, and handled the sales of assets, large and small. The end goal is always to distribute assets efficiently and lawfully to the chosen heirs.
“We needed an attorney to help us with our estate plan that includes real estate. Mr Griffin is very knowledgeable about real estate planning and his communication skills helped us understand difficult legal wording. He made the experience easy and painless for us. I would recommend Mr. Griffin if you are needing an attorney to help with Estate Planning especially if you have real estate.”
“I live in Arizona but own 2 properties in Alabama, and I wanted to ensure my properties were secure if anything were to happen to me. An internet search led me to Mr. James Griffin, and I am very pleased with the services I received. Mr. Griffin explained the different options I could pursue regarding my real estate and advised on the pros and cons of each. My choice was the living trust, and Mr. Griffin took care of everything and kept me informed every step of the way. He filed the deeds correctly and promptly upon completion of my living trust. Not only was he professional but he was very compassionate to my situation as my beneficiaries are disabled…. I would definitely call him again as his services were superb.”
“Mr. Griffin graciously took on my case when my father passed away in Birmingham and I needed assistance in receiving a fair share of my inheritance from his estate. Mr. Griffin was an excellent liaison between me and my stepmother’s financially aggressive estate attorney. Mr. Griffin reviewed and handled all of my legal documents in a timely manner, explained Alabama’s legal guidelines in simple terms, and was extremely knowledgeable, kind, patient and thorough. As a North Carolina resident, I had many legal concerns and questions. Mr. Griffin communicated efficiently and responded quickly to all of my inquiries, via email and phone calls. Throughout the entire 9-month process of my case, Mr. Griffin kept me informed on any changes, and gave clear instructions on documents that I needed to sign. Mr. Griffin was very understanding with my limited budget for legal expenditures, and was very accommodating. He was extremely honest and his billing methods were clear. He ensured transparency in his financial procedures, and requested my approval before committing to any transactions. Mr. Griffin is a man of integrity, and I trust him completely.… Best of all, Mr. Griffin is a true Southern gentleman at heart. His utmost priority is his family values, and his firm belief that people ought to be treated well. His manners are impeccable and it has been a pleasure to work with him. I highly recommend Mr. Griffin, as the perfect attorney for your estate planning needs.”
My ___________ just died. What do I do?
My condolences. There is nothing like losing a close one. Unfortunately, some people notice but are not grieving but stealing. So, lock up everything that needs to be locked. Change the locks; you never know who has a key. Search for vital records, financial records, funeral plans, etc. Remove purses, checkbooks, credit cards, computers, smartphones, and anything else attractive to thieves (including relatives who might take liberties). Death brings out bad behavior that will surprise you. Call the funeral home and cemetery most likely involved; they might have specific instructions or even a prepaid funeral plan. Call your favorite minister immediately. You would be surprised how a caring minister or priest can pull tension out of a room. Call all who prepare income tax returns or advise on investments; they might know all kinds of things. Avoid points of contention with relatives. Postpone any decisions about property other than temporary custody. Focus on the funeral and burial. Be gracious and merciful to all.
How do I transfer my parent's home to my name?
I wish this were less complicated, but no one can transfer real estate unless he or she has clear authority to do so. This authority is called “clear title” which might be evident by a deed or a court order, but it won’t fly to say, “Mom wanted me to have her house.” If no one has clear title but a person who is dead (or severely ill), you need the help of a lawyer to ask the court for authority to sell or transfer the home. That is called “estate administration.”
Do I really need a will?
Whenever someone dies, there is chaos. Siblings bring up old scores. Jealousies are reborn. Old hurts surface. But, a well-written Will, signed by you and properly witnessed and notarized, declares to your survivors officially what you want each of them to get and selects the heir to be appointed “Executor” to carry out your written intentions. The heirs might not like every clause, but you have spoken clearly, and few will ignore your wishes altogether. Without a Will, one of your heirs will be hurt and lament, “She (her now assertive sister) took everything!” And you will not be around to tell the grown-ups, now bickering children, to behave. A Will is like that wedge you place under your tire when the vehicle is parked at the edge of a cliff.
Why can't I write my own Will using documents downloaded from the internet?
Why don’t I fix my own car, computer, HVAC, and plumbing? How confident would you be that each of those things would be dependable at the moment you most need it to work superbly? At least a few times a year, I am asked to probate a poorly drafted Will which omits vital clauses or confuses intentions so terribly that the heirs would be better off with no Will at all. A well-drafted and properly signed Will can avoid months of chaos.
Why do I need both a financial power of attorney and a medical power of attorney?
Financial powers of attorney have long histories going back for centuries and have their own section in the Alabama code. Medical powers of attorney are a modern invention made necessary by the technology that can keep almost anyone alive for an extra day if not an extra year; they too have their own statute and forms. The bankers and financial service companies are looking for the language of one, and the doctors, nurses, and health insurers are looking for the language of the other. If you become severely disabled without having either one of these inexpensive documents, your family might have to spend a considerable sum for your court-approved guardianship or conservatorship. So, powers of attorney are very good to have.
How do I avoid probate for all my things?
The short answer is that you die with nothing that is not pledged by contract, deed, or trust to someone you love: your investment accounts, your house, your business, etc. This is not easy, but it might be easier than you think.
What is a trust? Why might I need one?
A trust is a vehicle by which wealth or assets are held for you until a certain event occurs, such as your death, and those assets, according to the terms of the trust, are then transferred or held by someone else. For instance, if you want your disabled son to enjoy your house unto death, you might put it into a trust so that the trustee, long after you are gone, has power to maintain the house for your disabled son, and upon his death, will transfer the house to his sister and her heirs.
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