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Jack T. Carney

Jack T. Carney

Carney Dye, LLC
  • Elder Law, Estate Planning, Probate
  • Alabama
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Summary

The focus of my law practice is helping people develop a thoughtful estate plan to better protect their loved ones in the event of death or disability. I want to use my knowledge and experience to help families avoid problems and disputes during normal life transitions. I also handle a variety of probate and trust matters, including estate administrations, guardianships and conservatorships.

General business planning is usually a part of estate planning for business owners. I often help clients get their business house in order during the estate planning process, ensuring that the proper documents are in place to ensure a smooth operation and eventual succession.

I have a particular passion for special needs planning, which is estate planning for the benefit of someone who is developmentally disabled or who may be receiving needs-based government assistance. Special needs planning can greatly enhance such an individual’s life. It is also necessary to be even more deliberate and thoughtful in a special needs plan, as we are providing for someone who will likely never be able to care for themselves.

Practice Areas
  • Elder Law
  • Estate Planning
  • Probate
Additional Practice Area
  • Special Needs Planning
Fees
  • Free Consultation
    We are willing to provide a no-obligation consultation for estate planning services. We are unable to provide a fee quote until after we learn about a client's situation. If the client decides to engage us, the initial meeting is included in the total cost.
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Alabama
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Languages
  • English
Professional Experience
Attorney
Sirote & Permutt, P.C.
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Education
Tulane University School of Law
J.D
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Awards
Pro Bono Service Certificate of Appreciation
Alabama Access to Justice Commission
In recognition of providing 50 or more hours of pro bono service to low income residents in Alabama
L. Burton Barnes, III Award for Public Service
Birmingham Bar Association
Professional Associations
Birmingham Bar Association
Member
- Current
Activities: Member of the Small Firm/Solo Section
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Certifications
Certified Elder Law Attorney (CELA)
National Elder Law Foundation
Websites & Blogs
Website
Website
Legal Answers
114 Questions Answered

Q. My husband purchased our home 4 months before we married Do I inherit our home if he dies?
A: These situations can cause some unintended consequences in the event of an untimely death. I do not have enough facts to provide you specific advice, but I infer that your marriage may be later in life or even a second marriage. In those cases, if someone dies without a Will, the law in Alabama states that one-half of assets passes to the spouse and one-half passes to the children of any prior marriage. I am aware of several situations where a stepmother owned her home with her step-kids and it usually does not go well. Proper planning is always the solution to these issues. There are options: (1) you could be add to the deed with a survivorship clause or (2) your husband could sign a Will that directs you receive the home. Personally, I am remarried and my wife owned her home before we married. One of the first things my wife did after we married was to sign a Will to direct that I receive the home at her death.
Q. Can a clause be written into a will that if one of the heirs contests the will they get nothing?
A: Yes. I usually tell clients that a "no contest" or "in terrorem" clause is enforceable in Alabama, however, courts will strictly construe these clauses, meaning that the court will almost look for a reason not to enforce the clause if possible. Nonetheless, these clauses can be important because they will make someone think twice about challenging a Will. I should note that these clauses only work if you leave the individual something in the Will. Otherwise, they have nothing to lose if they decide to challenge the Will. We commonly recommend leaving them enough to make them think twice about challenging the Will, e.g., leave a beneficiary $10,000 as opposed to $10.
Q. What can I do when executor is running up expenses?
A: I am sorry for your loss. You can always hire an attorney to file a petition to remove the Administrator and seek to recoup expenses. However, when an Administrator closes an estate he or she must get the consent of the heirs. If the heirs refuse to consent, the probate court will hold a final settlement hearing. In other words you will be afforded an opportunity to address this spending at the end. It is during this process that you as an heir can challenge the actions (and spending) of the Administrator. The court can disallow expenses if it feels they are unreasonable. Courts generally give Administrators a lot of latitude and the cost of filing a challenge can cost thousands of dollars. Therefore, it might be a good idea to voice your concern about additional expenses with your aunt. Perhaps you discuss this issue and arrive at a solution moving forward that avoids a costly court battle (the Administrator's legal fees in defending herself are paid from the estate). Of course if you would like specific advice as to whether you should take any action, you should consult with an attorney.
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Contact & Map
300 Office Park Drive
Suite 160
Birmingham, AL 35243
Telephone: (205) 802-0696
Fax: (205) 969-8182