Thomas McCutcheon

Every year beginning on Veteran’s Day and for the month of November we do Wills for Warriors. This includes veterans, fire fighters, police officers, first responders as well as active duty military personnel and their spouses.

This is a Free! service to show our appreciation for those who risk their lives to help others.

Everyone needs a Will and a free one is a good deal. A Will provides for your property to be divided as you wish without payment for a bond and in the manner you choose. A Will is a way to make a difficult time in life easier for your family. It makes your wishes known and saves your family money. 

When you make a Will, you need to know how you want your property divided and who you want to be in charge of carrying out your decisions.

We want a first choice and a second choice for the person to be in charge of your Will. These people are known as an Executor (male) or Executrix (female). This backup plan means that hopefully we are writing a Will that will never need to be changed.

Remember that what you have now is likely not what you’ll have at the time of your death. That’s why we don’t have to make a decision about the property or the car that you own now. We divide it according to what your property is at the time of death.

People leave their estate to the spouse and then to the children. If a husband and wife have Wills that are mirror images, known as reciprocal Wills, they accomplish the goals of leaving everything first to the spouse and then to the children. We recommend that people consider using the phrase “per stirpes”. Per stirpes simply means that in the event a child dies before a parent, and if that child had children, then those children would get what their parent would have received. 

All Wills should contain a residuary clause that leaves everything, no matter what it is or where it is, to the heirs so that everything owned, inclusively, whether it’s a right, an object or a piece of property is included in the Will.

Drive safely, buckle up and as always your referrals are appreciated! 256-764-0112

Ask the Attorney is sponsored by local attorneys, McCutcheon & Hamner, PC, as a service to the residents of NW Alabama.

Please send the questions to:

“Ask the Attorney,”

P. O. Box 38,

Florence, Alabama 35631

or visit our website at:

facebook: McCutcheon and Hamner, P.C.

We will not print your full name in the article. We will not be able to return any written or preprinted items which are submitted.

No representation is made that the quality of legal services to be performed is greater than the quality legal services performed by other lawyers.