​Will Disputes & Probate Attorney in Tuscaloosa
Will Disputes & Probate Attorney in Tuscaloosa

If you’re looking for a helping hand getting your life in order after the death of a loved one, Tuscaloosa probate attorney Reginald W. Smith, has solutions designed to help you.

This type of loss is undoubtedly one of life’s most challenging experiences, but when there’s conflict over a loved one’s final wishes, it makes it even harder to achieve a sense of closure and peace. Even if there is no dispute over the division of a loved one’s estate, the number of hours and amount of travel required to complete the necessary work can be both physically and emotionally exhausting. Trusting your case to a skilled Alabama probate attorney can relieve you of much of this burden.

There are two main types of lawyers practicing in this field: those who focus on taking care of the administrative details of an estate, making the entire process easier for the family, and those who represent clients involved in lengthy or confusing disputes over the division of a loved one’s estate. Some lawyers focus on the entire field of law and are skilled and experienced enough to handle both types of issues. At the offices of Reginald W. Smith, Attorney At Law, you’ll get that focus and experience.

If you need legal help and advice after the passing of a loved one, or another party is challenging your legal right to inherit, it’s time to call Tuscaloosa  probate attorney Reginald W. Smith, Attorney At Law.

Reginald W. Smith, Alabama Attorney at Law - Smith Law Firm

WHAT IS A WILL CONTEST?

A will contest  ensues when someone brings a legal challenge to a will filed for probate. When probate is initiated, the probate court allows interested parties an opportunity to object to the will. The challenger  seeks to overturn the entire will or one or more provisions of the will because he or she believes the will is invalid in some way. Alabama state statutes determine how the will contest proceeds in the judicial system and mandate that a will challenge be brought within certain time limits. Alabama statutes also provide the grounds for contesting a will. Normally, the grounds include incapacity, undue influence, fraud, improper execution, or the existence of a later valid will.

A testator must have “testamentary capacity” in order to make a valid will. Generally that requires that the testator be of “sound mind,” as shown by the testator’s capacity to (1) understand the nature and extent of his or her property, (2) know the persons who would naturally benefit from the will, and (3) realize that the will he or she is executing does indeed makes a disposition of his or her property. A testator may be shown to lack testamentary capacity if it can be proved that at the time of executing the will he or she exhibited signs of dementia or mental illness or was under the influence of alcohol or drugs. Generally, the mere fact that a testator shows signs of advancing age, feebleness, or eccentricity is not enough, in and of itself, to prove testamentary incapacity invalidating a will.

A will can be overturned if the challenger proves that at the time the will was made, the testator was subjected to such strong influence by another that the testator made a disposition of estate property that he or she otherwise would not have done. Coercion and duress are examples of undue influence.

To invalidate a will on grounds of fraud, the challenger generally must show that the testator relied on a fraudulent misrepresentation and was deceived by it when he or she executed the will. Evidence of only the opportunity or motive for fraud, without showing that the fraud had an effect on the testator, is not enough to invalidate the will.

Tuscaloosa probate attorney Reginald W. Smith, has solutions designed to help you. Please use the contact form on my website for a free initial consultation about your probate and will needs.

I appreciate the fast and professional service

Thank you Mr. Smith for your help with my divorce. I appreciate the fast and professional service. You made everything very convenient for me and my work schedule.

Clint, Tuscaloosa, Alabama September 15, 2018

Reginald Smith - Tuscaloosa Lawyer
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2018-10-12T22:50:38+00:00

Clint, Tuscaloosa, Alabama September 15, 2018

Thank you Mr. Smith for your help with my divorce. I appreciate the fast and professional service. You made everything very convenient for me and my work schedule.

I am a retired State of Michigan Court of Appeals Judge and you could give most of the attorneys I have worked with lessons in efficiency and client service!

Mr. Smith,
Thank you for your extraordinary service! I have received a copy of my dismissal. I am a retired State of Michigan Court of Appeals Judge and you could give most of the attorneys I have worked with lessons in efficiency and client service! Needless to say, if I hear of anyone requiring legal services, I will tell them " Call Reggie!

Barbara C. - Retired State of Michigan Appeals Court Judge
Nov. 21, 2016

Reginald Smith - Tuscaloosa Lawyer
5
2018-05-15T23:06:30+00:00

Barbara C. - Retired State of Michigan Appeals Court Judge
Nov. 21, 2016

Mr. Smith, Thank you for your extraordinary service! I have received a copy of my dismissal. I am a retired State of Michigan Court of Appeals Judge and you could give most of the attorneys I have worked with lessons in efficiency and client service! Needless to say, if I hear of anyone requiring legal services, I will tell them " Call Reggie!

I couldn’t have had a better lawyer for the job.

After being separated from my ex-husband for 3 years, I decided to file for divorce myself. I had absolutely no idea how to do it. I Googled uncontested divorce lawyers and Mr. Smith's link came up. I couldn't have had a better lawyer for the job. He kept me up to date on all of the paperwork. He was very insightful during the whole divorce. He mailed all of the paperwork to my ex-husband, whom lived out of state. Plus it only took a month to get everything done. If I had known it would've been this easy, I wouldn't have hesitated to get it done. Thank you so much for a GREAT job!

Kristen, April 12, 2018, Lee County, Alabama

Reginald Smith - Tuscaloosa Lawyer
5
2018-05-15T23:17:13+00:00

Kristen, April 12, 2018, Lee County, Alabama

After being separated from my ex-husband for 3 years, I decided to file for divorce myself. I had absolutely no idea how to do it. I Googled uncontested divorce lawyers and Mr. Smith's link came up. I couldn't have had a better lawyer for the job. He kept me up to date on all of the paperwork. He was very insightful during the whole divorce. He mailed all of the paperwork to my ex-husband, whom lived out of state. Plus it only took a month to get everything done. If I had known it would've been this easy, I wouldn't have hesitated to get it done. Thank you so much for a GREAT job!

I am very thankful that I had Reggie Smith as my attorney

I had no idea what to do when I decided I wanted a divorce. I didn't know what steps to take. Reggie Smith was extremely helpful and explained everything I needed to know. The divorce was done quickly and easily. I am very thankful that I had Reggie Smith as my attorney.

Lydia, Houston County, Alabama June 11, 2019

Reginald Smith - Tuscaloosa Lawyer
5
2019-11-06T06:02:40+00:00

Lydia, Houston County, Alabama June 11, 2019

I had no idea what to do when I decided I wanted a divorce. I didn't know what steps to take. Reggie Smith was extremely helpful and explained everything I needed to know. The divorce was done quickly and easily. I am very thankful that I had Reggie Smith as my attorney.
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Reginald Smith - Tuscaloosa Lawyer

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