Auburn, Alabama, Real Estate & Probate Law Attorney
Helping you through closings, wills and trusts
Alabama law firm James E. Cox, Attorney at Law, provides a number of personal legal services centered on real estate law, including probate, wills and trusts. Meet with a real estate attorney who cares about your needs, as well as those of your family, by contacting James E. Cox today at 334 821-5675 in Auburn, Alabama for an initial consultation.
You need a lawyer for real estate closings
Buying a home is one of the most significant purchases you will make in your life. It also involves the law of real estate property, which is unique and raises special issues of practice. Real estate lawyer James E. Cox is trained to deal with these problems and has the most experience to guarantee results.
As your real estate attorney, James E. Cox can help you avoid some common problems with a home purchase or sale. For example, a seller may sign a brokerage agreement that does not deal with a number of legal problems. This happens quite often — realtors often expect standard forms to cover all circumstances or be easily customizable for unusual circumstances. Let James E. Cox help you protect yourself by reviewing all real estate documents requiring your signature, ensuring that your particular situation is fully addressed.
James E. Cox also explains the effect of multiple listings, as well as negotiates the Realtors® rights if the seller withdraws the property from the market or cannot deliver a good marketable title.
Wills and probate
The probate basics
James E. Cox guides you through the legal process of transferring property. Although probate customs and laws have changed over time, the purpose has remained much the same: to formalize your intentions as to the transfer of your property at the time of your death.
What happens in probate?
The probate process may be contested or uncontested, and you need an experienced attorney whether the probate is contested or uncontested. Most contested issues arise in the probate process because a disgruntled heir is seeking a larger share of the deceased’s property than that he or she actually received. The majority of probated estates, however, are uncontested. The basic process of probating an estate includes:
- Collecting all property of the decedent
- Paying all debts, claims and taxes owed by the estate
- Collecting all rights to income, dividends, etc.
- Settling any disputes among heirs
- Distributing or transferring the remaining property to the heirs
When you need a probate attorney
Do you have a plan for your future? The more complex and sizable the estate, the longer and more time consuming this process can be. Probate law attorney James E. Cox helps you make designations in your will and makes sure you understand what can happen in the future.
In some situations, your wishes may have to be overridden by the court. For example, in most states, a spouse is entitled to a certain amount of property. Furthermore, creditors may have a claim on the property of the estate. Each jurisdiction usually prescribes how long an estate must be open to give creditors an adequate period in which to present claims to the estate.
Estate planning for your future
Estate planning is an important step in making sure your property wishes are granted in your absence. In taking the proper estate planning steps, you ensure your financial affairs and personal property matters are passed on to your heirs and final arrangements are made.
Typically, your heir (executor) takes over the management of your affairs upon death. If you do not name an executor, then the court will appoint a personal representative to transfer property, known as “probate.”
Probate and estate planning administration
Today, the probate process is a court-supervised process designed to sort out the transfer of a person's property at death. Property subject to the probate process is that owned by a person at death, which does not pass to others by designation or ownership. There are three primary ways to avoid probate and its protections: joint ownership with the right of survivorship, gifts and revocable trusts. The estate planning system, however, exists for the protection of all the parties involved.
Contact James E. Cox to protect your future
While his good name in the legal community speaks for itself, James E. Cox knows that superb service begins in his law office. Schedule a consultation in preparation for your real estate closing or probate service by contacting him today at 334 821-5675 in Auburn, Alabama.
Disclaimer
No representation is made that the quality of legal services to be performed is greater than the quality of legal services to be performed by other lawyers. In compliance with IRS Circular 230 requirements: Any statements, transactions or tax advice contained in this website are not intended to be used and cannot be used by the recipient or any other party for the purpose of avoiding any penalty that may be imposed under the Internal Revenue Code.
