estate planning

complex planning made Simple.

McInerney Law provides comprehensive estate planning to individuals and families.

We help our clients prepare for unexpected incapacity or death, to ensure both that their family and loved ones have the ability to care for them and that their assets are transferred at their passing in accordance with their goals and wishes. We design and create proper estate plans for our clients, review beneficiary designations, and advise our clients to ensure trusts are funded.

Establishing your estate plan is one of the most important steps you can take to protect yourself and your loved ones during your lifetime, in case of disability, and at your death. A well-thought-out and comprehensive estate plan can prevent the need for someone to obtain guardianship in the future, lessen administrative costs associated with the transfer of assets at death, and help smooth familial relations.

Our estate planning services include:

·        Forming Living, Irrevocable Protection Trusts

·        Assisting with Beneficiary Designations and Other Non-Probate Transfers

·        Drafting Wills, Living Trusts, Healthcare Directives, Powers of Attorney

·        Advising Executors, Administrators, Trustees, and Guardians

·        Developing Caregiver Agreements and Other Family Agreements

·        Post-Mortem Planning

While estate planning often includes a variety of items among those listed above, foundational estate planning includes, at least, wills, durable powers of attorney, advance healthcare directives, HIPAA authorizations, and a stand-alone or testamentary supplemental needs trust if you have a loved one with special needs. These instruments are critical to ensure your wishes are followed. A properly designed and implemented estate plan also can help you accomplish additional goals, such as:

·        Providing financial security for your family

·        Ensuring your property is preserved and passed on to your beneficiaries

·        Avoiding disputes among family members, business owners, or with third parties (such as the IRS)

·        Providing for your children’s or grandchildren’s education

·        Providing for your favorite charity

·        Maintaining control over or ensuring proper management of your property in the event of incapacity

·        Minimizing tax consequences and other costs

·        Avoiding probate

·        Providing adequate liquidity for the settlement of your estate

·        Transferring ownership of your business to your beneficiaries

·        Passing on your values, sense of responsibility, and work ethic to heirs

Every family situation is different. We work with you and your professional advisors, including financial planners, accountants, and/or other attorneys who are familiar with your particular goals, needs, and concerns to determine what estate structure will work best for you and your family.

By protecting your assets, you are protecting your family and sparing them the expense, delay, and frustration that can occur when individuals fail to plan. No estate plan is “one size fits all.” As priorities change, as situations in life change (children get older, you receive a diagnosis, etc.), plans can be modified. It’s never too early – or too late – to plan. Schedule a free consultation today. We’re here to help.

“Jenny made the process easy. She guided us through the various steps and even helped us identify the various persons to fill the variety roles. we feel less stressed knowing our son has a plan in place that fits his unique needs and strengths. jenny thinks through every detail. she was efficient, communicated well with us, and very compassionate.”

Annie and Lamar Miller, Birmingham, Alabama

BEGIN YOUR estate planning process Today

Last Will and Testament

This is a legal document that ensures you’re protecting your assets, surviving spouse and heirs after you pass. By outlining your wishes, you ensure that your assets will pass according to your desired plan, and certain individuals will fill certain roles (i.e., Personal Representative, Trustee, Guardian, etc.). It allows parents of minor children the ability to appoint guardians for their children.

Powers of attorney

A power of  attorney allows you to specify a primary and alternate agent (also called “attorney-in-fact”) who will transact business on your behalf in the event you become incapacitated. In the event of a health crisis, this preventative measure greatly reduces stress on your family. However, this document, alone is insufficient to manage your affairs because it terminates at your death.

advanced HEalth care Directive

An AHCD allows you to determine the type and extent of medical care you would like to receive or avoid, in the case of an emergency or in the event you lose capacity to make decisions for yourself. It also allows you to name an agent to act on your behalf to make medical decisions for you.

  • Smiling couple standing outdoors on grass near beach with tall grasses and sunset in background.

    "Jenny helped us set up an estate plan when we did not know where to start. She guided us through the process - was organized, detailed oriented and communicated with us throughout the process. It was an easy and fun process."

    Ashley and Joel Williamson, Maylene, AL

  • A woman with shoulder-length hair smiling while sitting on a couch near a window.

    "Jenny's tax knowledge was invaluable when it came to our estate planning. She provided so much guidance that we would have never known otherwise. she was kind, patient and knowledgeable."

    Jessica Vance, Leeds, AL

  • A man and a woman sitting at a table during a social event, smiling at the camera.

    "Jenny was easy to work with and helped us think through all the variables to our estate plan - including business interests. She is personable, compassionate, and kind. I highly recommend her!"

    Donna and Bill McFeeters, Birmingham, AL

  • Close-up of a group of people, including a man with a beard and sunglasses, a woman wearing a pink hat and sunglasses, and children with light-colored hair, in an indoor setting.

    "The entire process was simple and made easy with Jenny. She made the entire process so seamless. I highly recommend Jenny for all your legal needs."

    Gray and Alan Gambrell, Leeds, AL

FAQs

  • Common estate planning documents include a Last Will and Testament, if necessary, a Trust, a Durable Power of Attorney, and an Advance Health Care Directive.

  • Absolutely not! Everyone benefits from estate planning. In fact, failing to plan can lead to lengthy court processes and high probate fees, which affect small estates to a greater degree than large ones. Planning ahead allows your loved ones to keep as much of your estate as possible by avoiding unnecessary costs or taxes.

  • Estate planning is not only about your peace of mind—it gives your loved ones guidance on how to move forward after you’re gone. It also plans for the care of individuals or animals who depend on you. Effective estate planning can also minimize the tax burden and probate costs that would typically deplete your estate.

  • The biggest mistake you can make in estate planning is failing to have a plan at all. A simple will is better than no plan—even if your situation is complicated. Other common mistakes are not properly executing estate planning documents, not providing for future care of dependents, and not expressing wishes for end-of-life care.

  • The first step in our planning process is an initial meeting with an attorney. This meeting is an opportunity to get to know you and your family. You will not be billed for our initial meeting. Prior to the initial meeting we will share a Family Information Sheet with you, that will help us better prepare for the meeting (as you can provide some basic information in advance). It is helpful if you can submit the Family Information Sheet prior to the initial meeting but if you are not able complete it before the meeting, please bring it with you.

    After the initial meeting is complete, we will send you a planning letter. Your planning letter is a summary of the initial meeting and a recommendation for your estate plan. We outline our recommendations based on our initial meeting and will also provide you with a list of the information that we will need in order to prepare a complete set of documents for you. This letter ensures that we are both on the same page and it further gives you an opportunity to think about these important decisions on your own time. We will also provide you with a fee quote for the services outlined in the letter. If you would like our firm to prepare documents for you, we ask that you sign and return the engagement agreement.

    As soon as we receive a signed engagement agreement and any requested information, our team begins to draft your estate planning documents. We will send drafts for your review once they are ready. Even though the entire document is important, we do highlight the terms and provisions that are specifically tailored for your family.

    When you are comfortable with the draft documents and we have completed all updates, we schedule a time to sign your final estate planning documents at our office. We briefly review each document at the meeting so that we can discuss any final questions or concerns. We will then oversee the signing process and we provide the necessary witnesses and notary to ensure proper execution.

    You will keep your original Wills (and Trusts if applicable), as well as original copies of your Durable Power of Attorney and Advance Health Care Directive.

    We do not close our estate planning files and will maintain copies of your documents at our office.

  • The entire process moves as quickly or us slowly as our client needs. On average, our goal is to have draft documents prepared within three weeks once the engagement agreement has been signed and returned.

  • We accept cash, check, and all major creditor cards. We ask for payment at the signing meeting. In some cases, we can set up a payment plan to assist clients.