Rebecca concentrates her practice on opening estates, probate administration, probate support for personal injury and wrongful death cases and civil litigation. Rebecca has gained a significant amount of experience in the areas of probate administration, estate and trust litigation, guardianships/conservatorships, and other civil litigation matters.
Rebecca is a member of the Birmingham Bar Association, the Birmingham Bar Association Health and Wellness Committee, as well as the Probate Section and Young Lawyers Section of the Birmingham Bar Association. Rebecca is a member of the Alabama State Bar.
Outside of work, Rebecca creates time for yoga and hot Pilates, traveling, serving the local community through the Bell Center Junior Board and the Junior League of Birmingham, and spending time with family.
- Business Law
- Estate Planning
- Civil Litigation
- Credit Cards Accepted
- Contingent Fees
- Cumberland School of Law, Samford University
- Alabama State Bar
- Birmingham Bar Association
- Q. What does term in will mean : to serve in such capacity “without making bond or accounting “
- A: Any executor, devisee or legatee named in the will may probate a will. ALA. CODE § 43-2-851 requires the executor of a will to post bond. If bond is not waived in the will or if the petitioner is not named in the will as executor, then the probate court will require a bond. In some cases, the language in a will may exempt the executor from having to post bond. The language “without making bond or accounting", suggests that this will is exempting the executor from having to post bond. Therefore, a bond would likely not be required if the executor of this will were to probate the will. It is best to seek the advice of legal counsel in your area for your specific situation. This answer is offered for general and informational purposes only and does not constitute legal advice or create any type of attorney/client relationship.
- Q. My husbands father died. He was remarried and had been for the last 26 years. How should the estate be divided?
- A: The answer to your question depends on whether your father-in-law had a valid, self-proving Last Will & Testament when he died. If not, he is said to have died intestate, or with no will. In Alabama, the laws of intestacy succession come into play if there was no will. Under the laws of intestacy succession, if a decedent is survived by a spouse and one or more children who are not descendants of the surviving spouse, then the surviving spouse will inherit one-half (1/2) of the probate estate, and the deceased person's children will inherit the other one-half (1/2), per stirpes. Assuming your husband and his brother are not the children of the surviving spouse, your father-in-law's wife would receive 1/2 of the probate estate and your husband and his brother would split the remaining 1/2, each receiving 1/4 of the probate estate. That being said, it is best for you to retain a probate attorney in Alabama so you are able to provide your attorney with more information and all the specifics of your father-in-law's estate.
- Q. What happens when someone dies without a will and has never been married or has children
- A: Any part of a decedent's (person who has died) estate that is not effectively disposed of by his/her will would pass to his/her heirs (those surviving the decedent). (AL Code § 43-8-40 (2017)). However, if there is no spouse or children that survive the decedent (as in your case), then the estate would pass to any parent or parents that survived the decedent (AL Code § 43-8-41 (2017)). If the decedent's parents are no longer alive, then it would go to the decedent's siblings if they had any brothers or sisters. Basically, the Court would just keep going down the line and try to find someone who is the closest degree of kinship to the decedent who is still alive. (AL Code § 43-8-42 (2017)). If there is no taker (or person who remains alive who is related to the decedent), then the decedent's entire estate would pass to the State of Alabama. (AL Code § 43-8-44 (2017)).