Four different professionals get described as estate planning advisors: a lawyer, a CPA, a financial advisor and an insurance agent. Each does something the others do not.
Only one can prepare the documents. Under Ala. Code § 34-3-6, drawing a paper, document or instrument affecting secular rights for consideration is the practice of law.
Who does what
| Professional | What they do | What they cannot do |
|---|---|---|
| Attorney | Drafts the will, trust, power of attorney, advance directive and deeds; advises on Alabama law | Manage your investments or sell you a product |
| CPA | Income tax, estate and fiduciary returns, basis and cost analysis | Prepare legal documents |
| Financial advisor | Investment strategy, retirement projections, beneficiary form logistics | Prepare legal documents |
| Insurance agent | Life, long-term care and liability coverage sizing | Prepare legal documents |
Alabama treats document preparation as the practice of law. In Coffee County Abstract & Title Co. v. State ex rel. Norwood, 445 So. 2d 852 (Ala. 1983), the Alabama Supreme Court enjoined non-lawyers from conducting real estate closings at which they gave legal advice or expressed opinions on the effect of legal documents — and treated filling in blanks on preprinted forms as preparing documents.
If someone who is not a lawyer is filling in your trust or your deed, that is the issue.
Ala. Code § 34-3-6; Coffee County Abstract & Title Co. v. State ex rel. Norwood, 445 So. 2d 852 (Ala. 1983).The seminar problem
Trust seminars aimed at older adults are a recognised issue nationally. The pattern is consistent: a presentation about how slow and expensive probate is, a trust offered as the solution, and the documents produced by someone who is not a lawyer — often with an investment product sold alongside.
Three of the claims usually made are simply wrong. A revocable living trust does not protect assets from your creditors, does not by itself reduce federal estate tax, and does not qualify you for Medicaid. And Alabama probate is neither as slow nor as expensive as those presentations suggest — county filing fees run roughly $37 to $74 in North Alabama.
Been to a seminar and not sure what you were sold?
Bring the paperwork. Telling you plainly what it is and whether it does anything is a short appointment.
How the roles should work together
- Start with the lawyerThe documents set the structure. Everything else fits inside it.
- Loop in the financial advisor on beneficiary designationsThey override the will and control the largest assets in most plans. This is where the two roles genuinely overlap and should talk.
- Involve the CPA where basis or tax is in playGifting during life, business succession, or an estate large enough for federal estate tax.
- Size insurance against the actual gapParticularly for a young family, where term coverage is usually the largest asset in the plan.
- Circle back every few yearsOr on any event — marriage, divorce, a death, a birth, a move, buying or selling property or a business.
What to ask anyone offering to plan your estate
- Are you a licensed Alabama attorney?
- Who prepares the documents?
- Are you selling a financial product alongside this?
- How are you compensated for this engagement?
- Does the fee include funding — the deed, the recording, the retitling?
- Will you review my existing beneficiary designations?
Questions about estate planning professionals
Can a financial advisor prepare my will or trust?
No. Under Ala. Code § 34-3-6 drawing a document affecting secular rights for consideration is the practice of law. A financial advisor can help with beneficiary designations and investment strategy, but not the documents.
Do I need both a lawyer and a CPA?
Not always. A CPA matters where tax is genuinely in play — significant lifetime gifting, business succession, or an estate large enough for federal estate tax. For most Alabama families the lawyer plus a review of beneficiary designations covers it.
Should I go to a free estate planning seminar?
Attending costs nothing. Be cautious about signing anything there, particularly where a financial product is sold alongside a trust, and be sceptical of claims that a revocable trust protects assets from creditors, reduces estate tax, or qualifies you for Medicaid.
What is a trust mill?
An operation selling trust packages at scale, often through seminars aimed at older adults, frequently with documents not prepared by a licensed attorney in the client’s state and an investment product sold alongside. It is a recognised consumer protection problem.
Who should hold my original documents?
You should know exactly where the original will is, and your personal representative should know too. Some firms hold originals; others give them to you. Either is fine — being unable to find it is not.
How do I check that someone is a licensed Alabama attorney?
The Alabama State Bar maintains a member directory and handles licensing and discipline. It is the authoritative source and it is free to check.
Ask who is drafting the documents
It is a fair question and it should get a straight answer. Serving families across Limestone, Madison, Morgan and the surrounding counties.
Daniel Shawn Pickens
Attorney at Daniel S. Pickens Law in Athens, Alabama. The firm handles estate planning, probate, real estate closings and title work, deeds, business formation and contracts for families and businesses across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence Counties.
Questions about estate planning or probate? Email estateplanning@dsp.law or call 256-434-1678.
Daniel S. Pickens Law · 300 West Green Street, Athens, Alabama 35611
