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Jack T. Carney

Jack T. Carney

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

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
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Probate
    Probate Administration, Probate Litigation, Will Contests
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
117 Questions Answered
Q. How do you name two agents on a Durable Power of Attorney?
A: The grantor of the power can appoint one or more agents to serve by naming them in the document. It is important to note whether the power is "joint" (meaning all agents must agree) or "joint and several" (meaning any agent can act without consent of the other). In practice I do not believe joint and several works, as most institutions will require both agents to consent to an action whether there is joint and several language or not. There are valid reasons to name more than one agent, but in most cases it is more efficient to name one.
Q. How does my family deal with my grandmother's house..she died with no will and 3 adult children...
A: When a person dies without a Will, their assets pass to their heirs at law. In a situation where a single individual died with three children and left only a home, then that home passes in equal shares to the three children. After two years the home "vests" in the heirs and good title can pass to the heirs using a deed and something called "heirship affidavits." No one can claim title to the home just by living there (absent the rare application of something called adverse possession), but that person in the home may be entitled to receive reimbursement for expenses (or at least his or her share of those expenses). In these situations it is usually best to strike a deal with the surviving siblings and ask each to quitclaim their interest in the home to the person who wants to keep it. There are many options when it comes to "striking a deal" ranging from an outright purchase to a life estate. Open and honest communication by all parties will make it much more likely. Good luck!
Q. I am a beneficiary of my grandfathers trust. My aunt is the trustee and has not given me any information after 6 months.
A: You do have rights as the beneficiary of a trust. The trust is governed by the laws of its "situs" (that basically means the domicile of the trust). Assuming it is Georgia, one of the code sections addressing your ability to obtain information is https://law.justia.com/codes/georgia/2017/title-53/chapter-12/article-13/part-1/section-53-12-243/ In the end the best way to legally obtain information may be to consult a lawyer in your area. Good luck.
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Contact & Map
300 Office Park Drive
Suite 160
Birmingham, AL 35243
Telephone: (205) 802-0696
Fax: (205) 969-8182