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.”
How do I get started?
Since the Covid lockdown, lots of people ask about trusts because they, after death, do not want their loved ones to have to deal with the estate and all the paper work and delays of probate courts.
For them, a revocable living trust is what they often need. “Revocable” means they can amend or end the trust and do not lose control of the assets. “Living” means they can create a trust while they are alive to hold property, usually real estate, after they are dead. “Trust” means that a trustee controls the property but does not actually own it. The Trust Agreement which creates the trust sets forth the conditions under which the property changes hands, e.g., when the last of two parents dies.
There is a piece of real estate that I want to make sure my _________ gets it?
There are several paths to this result- a will, a joint ownership, a trust, a limited liability company, etc. Call a qualified attorney.
My mother just died. How do I transfer her property?
When someone dies, no one has authority to transfer any assets until the probate court officially appoints a “personal representative.” Even if you have a will, the will must be “probated,” that is, submitted to the probate court and deemed genuine and enforceable. The person named in the will to serve as “personal representative” is sometimes called an “executor.” The papers of such authority are called “Letters Testamentary.”
If there is no will, then one of the relatives wishing to move property to the heirs must file a “petition for letters of administration.” This petition sets forth the facts of case and the relations between the decedent and the heirs. The person given authority is issued “letters of administration” and called an “administrator” or “personal representative.”
With letters testamentary or letters of administration in hand, that person, usually an heir, has power to open and close accounts, gather and protect assets, sell assets, pay the estate expenses and creditors first, and distribute the net proceeds of the estate to the heirs.
Do I really need a will?
Ask Billie Holiday. The jazz singer and recording star died in 1959 at the age of 44. She had no will, and under the law, her entire estate went to her abusive and estranged husband who had already swindled her out of almost all her wealth. What was left- her royalty and publishing rights- passed on to his widow after his death; she sold them to a publishing house. Your family might not suffer such a disaster, but why chance it?
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