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Stephen Hasty Jones Lawyer

Stephen Hasty Jones

VERIFIED
Bankruptcy & Debt, Divorce & Family Law, Accident & Injury, Personal Injury, Estate

Attorney Stephen H. Jones has been in the practice of Law for over 20 years.

Josh J. Mitchell Lawyer

Josh J. Mitchell

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Bankruptcy & Debt, Personal Injury, Divorce & Family Law, Estate
Serving Birmingham With Integrity

Josh Mitchell graduated from Jacksonville State University in 1996 and studied law at the Birmingham School of Law where he graduated in 2000. He was... (more)

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800-730-2571

Ferris S. Ritchey Lawyer

Ferris S. Ritchey

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Estate, Estate Planning, Wills & Probate, Mediation, Elder Law

Ferris Ritchey has over 35 years of experience in a wide range of legal matters with an emphasis on Domestic Relations, Mediation, Collaborative, Prob... (more)

David Elliott Hodges Lawyer

David Elliott Hodges

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Estate, Business, Limited Liability Companies, Wills & Probate, Transactions

It's essential for your business to have an attorney you can trust. Not only do you need to protect your brand, but you want to know you're making a s... (more)

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205-281-2031

Louis James Willie Lawyer

Louis James Willie

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Criminal, Divorce & Family Law, Lawsuit & Dispute, Estate

Louis James Willie III is an attorney, consultant, and former TV producer. Willie is the son of former Booker T. Washington Insurance Company execu... (more)

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CONTACT

205-326-4146

William Stephenson Halsey Lawyer

William Stephenson Halsey

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Car Accident, Business, Estate

William Halsey is a practicing lawyer in the state of Alabama.

Rommie Glen Wheeler Lawyer

Rommie Glen Wheeler

VERIFIED
Accident & Injury, Real Estate, Estate, Bankruptcy & Debt

The Wheeler Law Firm is a full-service law firm, providing representation in the areas of business law, real estate law, and title insurance. We provi... (more)

Joseph Paul Lynn Lawyer

Joseph Paul Lynn

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Estate, Divorce & Family Law, Business, Lawsuit & Dispute
Our Clients Are Our Top Priority

Attorney Paul Lynn loves helping people from all backgrounds and all walks of life. Whether he is working on a class action, commercial, or personal i... (more)

Julian Mardel Hendrix Lawyer

Julian Mardel Hendrix

VERIFIED
Criminal, Divorce & Family Law, Personal Injury, Wills & Probate

Julian Hendrix is a practicing lawyer in the state of Alabama. Attorney Hendrix received his J.D. from the Birmingham School of Law.

Christopher Rhett Smitherman Lawyer

Christopher Rhett Smitherman

VERIFIED
Criminal, Estate, Divorce & Family Law, Accident & Injury, Personal Injury

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Lawyer.com can help you easily and quickly find Birmingham Estate Lawyers and Birmingham Estate Law Firms. Refine your search by specific Estate practice areas such as Estate Planning, Trusts, Wills & Probate and Power of Attorney matters.

LEGAL TERMS

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

CERTIFICATION OF TRUST

See abstract of trust.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.