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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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Shay N. Click

Collection, Estate Planning, Family Law, Municipal

Status: In Good Standing

CONTACT

1780 Gadsden Hwy., Birmingham, AL 35235

Eric Heath Johnson

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

Status: In Good Standing Licensed: 31 Years

CONTACT

5582 Apple Park Dr, Birmingham, AL 35235

Garrick L. Stotser

Construction, Arbitration, Estate Planning, Business Organization

Status: In Good Standing Licensed: 38 Years

CONTACT

1780 Gadsden Hwy, Birmingham, AL 35235

Richard A. Bearden

Construction, Estate Planning, Employment, Criminal

Status: In Good Standing Licensed: 28 Years

CONTACT

1780 Gadsden Hwy, Birmingham, AL 35235

Randall W. Nichols

Mediation, Litigation, Estate Planning, Family Law

Status: In Good Standing Licensed: 38 Years

CONTACT

1780 Gadsden Hwy, Birmingham, AL 35235

Alan Scott Hughes

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

Status: In Good Standing Licensed: 28 Years

CONTACT

2030 Gadsden Hwy, Birmingham, AL 35235

David Russell Blount

Real Estate, Divorce & Family Law, Criminal, Personal Injury, Estate

Status: In Good Standing Licensed: 28 Years

CONTACT

2030B Gadsden Hwy, Birmingham, AL 35235

Shay Nicole Click

Personal Injury, Collection, Family Law, Estate Planning

Status: In Good Standing

CONTACT

1780 Gadsden Hwy, Birmingham, AL 35235

Matthew David Wright

Accident & Injury, Criminal, Estate, Traffic, DUI-DWI

Status: In Good Standing Licensed: 20 Years

CONTACT

137 Main st, Trussville, AL 35173

Rukeya Lynn McAdory

DUI-DWI, Divorce, Wills & Probate, Estate Planning

Status: In Good Standing

CONTACT

200 88Th Street South, Birmingham, AL 35206

800-923-0641

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LEGAL TERMS

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

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.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

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).

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

FUNDING A TRUST

Transferring ownership of property to a trust.

INTESTATE SUCCESSION

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

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Warrior Estate Lawyer, Alabama

Sponsored Law Firm

David E. Hodges, P.C.

SPONSORED LAWYERS

Shay N. Click

Eric Heath Johnson

Garrick L. Stotser

Richard A. Bearden

Randall W. Nichols

Alan Scott Hughes

David Russell Blount

Shay Nicole Click

Matthew David Wright

Rukeya Lynn McAdory

TIPS

LEGAL TERMS

SPENDTHRIFT TRUST

PROVING A WILL

STATUTORY SHARE

PER CAPITA

AB TRUST

LAPSE

HEIR APPARENT

FUNDING A TRUST

INTESTATE SUCCESSION

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