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McCartha Law Firm, LLC - Huntsville Business Attorney
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PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

Attorney fee

Today’s Contract Caution-Attorney’s Fees 8-7-20

Today’s Contract Caution: Dark Secret-Beware of who pays for Attorney’s Fees and Courts Costs in contracts. This clause is often weaponized by attorneys to beat the opposing party into submission because attorney’s fees often EXCEED the actual damages claimed by the party suing you. IF you believe you may be a defendant in a contract it is best just to scratch through this clause in a contract.


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Today’s Contract Caution: Indemnification…essentially means you will pay the damages and cover the costs (attorney’s fees plus) of someone else’s lawsuit. They are shifting as much liability to you as they can. It is good to have an indemnification clause in your favor and bad if it is against you and perhaps ok if it is mutual. Our Mission-Add Real Meaning & Value


Have Spouse — But No Will

If you don’t have a Will then Alabama Law has written one for you — take a peek here.

If you pass away without a Will (without a Will is called “intestate” and with a Will is called “testate”) in Alabama the following is a partial listing of what happens:

  • If you have a spouse and children who belong to you and also those children belong to your spouse – then your spouse inherits the first $50,000 of your estate, plus 1/2 of the balance and your children inherit the remaining.
  • However, if you have a spouse and children who are not that spouse’s children – then the spouse inherits 1/2 of the estate and the children inherit 1/2 of the remaining.
  • If you do not nominate someone in your will to act as the Guardian of your children then the Court determines who is the best Guardian for your children if no natural parents are left to parent your children.
  • If you have a spouse, but NO children, then your spouse inherits the first $100,000.00 of your estate and ½ of the rest, and your parents receive the balance.

There are many other issues to consider and exceptions to the above stated laws for which we would advise you to seek qualified legal counsel.


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This Question arises sometimes and that is- What should I do when I purchase real estate property? Well, we found some answers for you at https://revenue.alabama.gov/property-tax/faq/

  1. Record the deed in the Probate Office.
  2. Assess the property in the Revenue Commissioners Office. Note: Be sure to bring the deed.
  3. If you purchased real (estate) property during the year, you need to make sure the taxes are paid. The tax bill will usually be in the previous owner’s name. You are responsible for taxes on all property you own, no matter how the bill may be listed.
  4. Report all address changes promptly to your local Revenue Commissioner’s Office in writing.

I genuinely hope this adds some real value to you. The picture is not my house, but a place where we attended a wedding (cool huh). Stay Safe, God bless you.


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When counseling a Will and Estate Plan, LLC, or Non-Profit we often get questions like the following:

I am over 65. Do I have to pay property taxes?

If you are over 65 years of age, or permanent and totally disabled (regardless of age), or blind (regardless of age), you are exempt from the state portion of property tax. County taxes may still be due. Please contact your local taxing official to claim your homestead exemption. For county contact information, view the county offices page.

This was on the Alabama Dept of Revenue Site found at https://revenue.alabama.gov/property-tax/faq/


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No Will-with Children 1-15-20

NO WILL but you have children, or an adopted child, or step-children. Then generally with some exceptions your estate would go as follows:

  1. If you allow your biological child to be put up for adoption and another family legally adopts them, the child becomes disinherited from your estate. However, any child you adopt is treated as a biological child regarding their inheritance rights.
  2. If you do not nominate someone in your will to act as the Guardian of your children then the Court determines who is the best Guardian for your children if no natural parents are left to parent your children.
  3. Stepchildren and foster children who live with you, but whom you’ve not adopted, don’t get any right to your intestate will, according to Alabama inheritance laws.

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NO Will, but have spouse, NO children, but have parents — then

If you have a spouse, but NO children, then your spouse inherits the first $100,000.00 of your estate and ½ of the rest, and your parents receive the balance.


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Revocation of Will by divorce 1-29-20

The issue has come to us before, of a former spouse that was named as the sole beneficiary of her ex-husband’s Will and she was also named as his personal representative/executrix (the “CEO”) of his estate in his Will that he made/executed (i.e. signed and put into effect legally) prior to their divorce. The contingent beneficiaries in the Will were their children. The former spouse wanted to probate this Will as the executrix and turn the assets over to her (their) children, BUT by law she cannot.

§43-8-137, Code of Alabama states in part: “If after executing a will the testator is divorced … the divorce revokes any disposition…of property made by the will to the former spouse, … and any nomination of the former spouse as executor, trustee, or guardian, [is treated as if] … the former spouse failed to survive the decedent….


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It is not uncommon to think when do I actually need a Will, the answer is when you have someone you love or something you care about after you turn 18.

The Need for a WILL INCREASES — IF— You have Children, Spouse, or House — Or — if you don’t want “the Will” that the politicians in Alabama wrote for you (called intestacy laws)…then you should get a Will done.

Contact us today 716-262-8255 Contact us today 716-262-8255
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McCartha Law Firm, LLC

Huntsville Office
100 Jefferson Street South Suite 200
Huntsville, AL 35801

Phone: 256-270-4233
Fax: 256-270-0782

Montgomery Office
Phone: 334-265-1919

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