Bay Minette Estate Planning Lawyer, Alabama

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David E. Hodges
About | Practice Areas
David E. Hodges, P.C.
902 Wildwood Avenue Mobile, AL 36609» view map
Estate Law
Personalized Legal Guidance

Tired of law offices that connect you with a different person every time you call? Choose David E. Hodges as your local attorney.

800-716-9530
1. David E. Hodges Mobile, AL
  Attorney at Law - AL, 1987
  Duke University J.D. 1987
2. AboutDavid E. Hodges, P.C.
  You Can't Predict the Future, But You Can Plan for It
3. Practice AreasExpertise
  Estate Law
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Includes: Gift Taxation

L. Brian Chunn

Corporate, Estate Planning, Family Law, Insurance

Status: In Good Standing

CONTACT

34 Pine Street, Post Office Drawer 1509, Bay Minette, AL 36507

R. Scott Lewis

Litigation, Estate Planning, Guardianships & Conservatorships, Personal Injury

Status: In Good Standing

CONTACT

34 Pine Street, Post Office Drawer 1509, Bay Minette, AL 36507

Carolyn Dohn

Estate Administration, Estate Planning, Business Successions, Business Organization

Status: In Good Standing

CONTACT

34 Pine Street, Post Office Drawer 1509, Bay Minette, AL 36507

J. Bradford Boyd Hicks

Estate Administration, Estate Planning, Family Law, Government Agencies

Status: In Good Standing

CONTACT

34 Pine Street, Post Office Drawer 1509, Bay Minette, AL 36507

800-923-0641

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LEGAL TERMS

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

PERSONAL PROPERTY

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, p... (more...)

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, patents, pets and season baseball tickets are all examples of personal property. Personal property may also be called personal effects, movable property, goods and chattel, and personalty. Compare real estate.

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

TRUST DEED

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

SAMPLE LEGAL CASES

Maloof v. John Hancock Life Ins. Co.

... "The reason that these policies were even being discussed was because we were talking about estate planning and we got into a discussion of â€” of estate taxes and things like that. ... The whole purpose of the policies was to take care of estate planning. ...

ROTHFEDER v. KAUFMAN GILPIN McKENZIE THOMAS

... In February 2003, Rothfeder met with Derek Warren, an accountant practicing in Geneva, Alabama, to discuss the referral of one of Warren's clients, Ruth K. Baucom, to the firm for assistance with tax and estate-planning matters. ...

DeFriece v. McCorquodale

... Seeking to minimize that tax burden, the family consulted an estate-planning attorney who recommended, first, that DeFriece, Durst, Ernest Jr., their 467 respective children, and Nell disclaim their rights to receive real property under Ernest Sr.'s will, and, second, that DeFriece ...

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Bay Minette Estate Planning Lawyer, Alabama

Sponsored Law Firm

David E. Hodges, P.C.

SPONSORED LAWYERS

L. Brian Chunn

R. Scott Lewis

Carolyn Dohn

J. Bradford Boyd Hicks

TIPS

LEGAL TERMS

TAKING AGAINST THE WILL

ALTERNATE BENEFICIARY

PERSONAL PROPERTY

FINAL BENEFICIARY

NONPROBATE

TESTAMENTARY TRUST

TRUST DEED

GRANTOR

PROBATE COURT

SAMPLE LEGAL CASES

Maloof v. John Hancock Life Ins. Co.

ROTHFEDER v. KAUFMAN GILPIN McKENZIE THOMAS

DeFriece v. McCorquodale

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