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The Great Stork Derby: What Happens When a Will Is Unclear?
When Charles Vance Millar died in 1926, he left behind one of the most unusual wills in history. His estate plan sparked the Great Stork Derby, a ten-year contest that led to competing claims, court battles, and public scrutiny. The story is memorable, but the lesson is practical: even a legally valid will can create delay, expense, and conflict when key terms are unclear. Clear estate planning helps protect your wishes and the people you leave behind.

Colin McMichen
6 days ago


Do I Need a Will If I Am Married?
Marriage does not eliminate the need for a will—it makes it more important. Without one, Alabama law—not you—decides how your estate is divided, which may not fully protect your spouse or children. Even when outcomes seem similar, the process can be more complex, costly, and stressful. A properly drafted will brings clarity, reduces delays, and ensures your wishes are carried out while helping your family avoid unnecessary complications during an already difficult time.

Colin McMichen
Apr 30


How to Pass Your Home to Your Children in Alabama and Florida (and Avoid Costly Mistakes)
Learn how to pass your home to your children in Alabama and Florida without unnecessary delays, costs, or probate complications. This guide explains your options—from wills to trusts—and what happens if your children are minors or adults. Discover how proper planning can protect your family, avoid court involvement, and ensure your home transfers the way you intend.

Colin McMichen
Apr 23


DIY Estate Planning Mistakes That Can Lead to Probate Problems
DIY estate planning may seem simple, but small mistakes can lead to costly probate problems for your family. A will alone does not avoid probate, and an unfunded trust will not work as intended. From outdated beneficiary designations to improperly titled assets, these common errors can create delays, expenses, and stress—making it essential to ensure your plan is complete and properly structured.

Colin McMichen
Apr 16


Succession and Estate Planning for Small Business Owners: A Step-by-Step Guide
Building a business takes years of hard work—but without a plan, it can quickly become a burden for your family. This step-by-step guide for small business owners explains how to protect your company with tools like trusts, buy-sell agreements, keyman insurance, and powers of attorney. Learn how to ensure continuity, avoid conflict, and preserve your legacy so your business can continue to thrive for years to come.

Colin McMichen
Apr 9


Easter, Hope, and the Legacy You Leave Behind
Easter is a season of hope, renewal, and reflection. It is a time to focus on what matters most—your family and the legacy you are building for them. A thoughtful estate plan provides clarity, protection, and peace of mind, ensuring your loved ones are cared for no matter what the future holds. This Easter, consider taking a step toward securing your family’s future.

Colin McMichen
Apr 1


Testamentary Trusts vs. Revocable Living Trusts: What Families in Alabama and Florida Need to Know to Protect Their Children’s Inheritance
Planning for your family’s future is especially important when you have young children. This article explains the key differences between testamentary trusts and revocable living trusts, including how each can help protect your children’s inheritance. Learn how to control distributions, choose who manages assets, avoid probate, and plan for incapacity under Alabama and Florida law—so you can make the right decision for your family with confidence.

Colin McMichen
Mar 25


What Happens If Your Beneficiary Dies Before You?
When you name a beneficiary, you expect your assets to pass smoothly. But what happens if your beneficiary dies before you? Without an updated designation or a contingent beneficiary, those assets may end up in probate, causing delays, added costs, and unintended results. Understanding how beneficiary designations work—and keeping them current—is essential to ensuring your assets go to the right people.

Colin McMichen
Mar 19


From Margaritaville to the Courthouse: Lessons from the Jimmy Buffett Estate Battle
When Jimmy Buffett passed away in 2023, he left behind an estate reportedly worth $275 million—and a dispute between the co-trustees responsible for administering it. The conflict highlights an important estate planning lesson: even well-drafted trusts can run into problems if the people responsible for carrying them out cannot work together. Here’s what families can learn about trustee selection from the Buffett estate battle.

Colin McMichen
Mar 11


Does a Will Cover Incapacity in Alabama or Florida? (Spoiler: It Doesn’t.)
Estate planning is not only about what happens after death. It also prepares for the possibility of incapacity. If illness, injury, or cognitive decline prevents you from making decisions, the right legal documents allow someone you trust to act on your behalf. Without them, your family may need court approval to manage finances or make medical decisions. Thoughtful incapacity planning helps ensure your wishes are followed and reduces stress for your loved ones during difficu

Colin McMichen
Mar 5


Estate Planning at Every Stage: What Documents Do You Really Need?
Estate planning is not about age — it is about responsibility. From young adults needing incapacity documents to families protecting minor children and retirees planning for long-term care, the right estate plan depends on your stage of life. Understanding which documents you need — and when — ensures your family is protected, your assets are preserved, and your wishes are honored.

Colin McMichen
Feb 26


Do I Need a Will If I Have a Trust?
If you have a trust, you might wonder whether you still need a will. The answer for most families is yes. A trust only controls assets titled in its name, while a will acts as a safety net for overlooked property and allows you to name guardians for minor children. Understanding how a will and trust work together ensures your estate plan is complete, avoids probate issues, and protects your family according to your wishes.

Colin McMichen
Feb 18


Gifting During Life vs. Leaving an Inheritance: Key Considerations for Families
Deciding whether to gift assets during your lifetime or leave an inheritance after death is a key part of estate planning. Both options can strengthen your family’s financial future—but each comes with benefits, risks, and tax implications. Lifetime gifts let you help loved ones now, while inheritances may offer tax advantages and more control. Understanding the differences helps you create a plan that protects your family and legacy.

Colin McMichen
Feb 12


Does a Will Avoid Probate? What You Need to Know
Many people think having a will avoids probate, but that is not true. A will directs the court on who inherits, but your estate may still go through probate, which can be slow, public, and costly. Understanding how probate works and using tools like trusts, beneficiary designations, and proper asset titling can help protect your family, preserve privacy, and ensure your wishes are carried out smoothly.

Colin McMichen
Feb 5


Jay Leno’s Conservatorship Case: Why Incapacity Planning Matters in Alabama & Florida
Jay Leno’s conservatorship case shows that even spouses may need court approval to manage finances or medical care when a loved one becomes incapacitated. In Alabama and Florida, proper planning — including durable powers of attorney, living wills, and health care surrogate designations — can help families avoid public court proceedings, ensure care continues, and give clear guidance on who makes decisions if you cannot.

Colin McMichen
Jan 28


Common Law Marriage in Alabama: Inheritance Rights Explained
Many couples in Alabama live together for years believing long-term cohabitation creates the same legal rights as marriage. Under current Alabama law, that assumption can lead to serious problems. While some couples may have formed a valid common law marriage before January 1, 2017, many unmarried partners have no automatic right to inherit. Without proper planning, this misunderstanding often results in costly probate disputes and unintended outcomes.

Colin McMichen
Jan 22


Heirs Property in Alabama and Florida: What Families Need to Know
Heirs property is a common but often misunderstood issue that affects families in Alabama and Florida after a loved one dies without a clear estate plan. When inherited land passes to multiple heirs without defined ownership, it can lead to forced sales, loss of property below market value, unpaid tax risks, and family conflict. This article explains how heirs property arises, the legal protections available, and steps families can take to protect inherited land.

Colin McMichen
Jan 15


What Happens When You Die Without a Will in Alabama
When a person dies without a will in Alabama, the state’s intestacy laws determine how probate assets are distributed. Alabama intestacy statutes control who inherits property, how much a surviving spouse receives, and what happens when there are children or other heirs. Understanding probate versus non-probate assets and surviving spouse rights can help Alabama families avoid costly delays, court involvement, and unintended inheritance results.

Colin McMichen
Jan 8


Adding a Family Member to Your Bank Account: What You Should Know First
Adding a child or trusted family member to your bank account may seem like a simple way to get help with bills or finances, but it can have serious and unintended estate planning consequences. Joint bank accounts often override your will, expose your money to another person’s creditors, and create family conflict. Learn why a durable financial power of attorney is often a safer way to get financial help while protecting your estate plan and inheritance wishes.

Colin McMichen
Dec 30, 2025


Do Not Wait Until It Is Too Late: Updating and Revoking Your Estate Plan
Estate planning documents are not meant to stay the same forever. Life changes like marriage, divorce, health issues, or changes in family relationships can make an existing plan outdated. Understanding when and how to revoke or update your will, trust, powers of attorney, and advance directives—while you still have legal capacity—helps ensure your wishes are honored and avoids unnecessary confusion or disputes later.

Colin McMichen
Dec 22, 2025
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