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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

Shay N. Click

Collection, Estate Planning, Family Law, Municipal

Status: In Good Standing

CONTACT

1780 Gadsden Hwy., 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

Shay Nicole Click

Personal Injury, Collection, Family Law, Estate Planning

Status: In Good Standing

CONTACT

1780 Gadsden Hwy, Birmingham, AL 35235

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

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

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.

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

MARITAL LIFE ESTATE TRUST

See AB trust.

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

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.

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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Warrior Estate Planning Lawyer, Alabama

Sponsored Law Firm

David E. Hodges, P.C.

SPONSORED LAWYERS

Shay N. Click

Garrick L. Stotser

Richard A. Bearden

Randall W. Nichols

Shay Nicole Click

Rukeya Lynn McAdory

TIPS

LEGAL TERMS

FAMILY ALLOWANCE

PUBLIC ADMINISTRATOR

AUGMENTED ESTATE

FINAL BENEFICIARY

DISINHERIT

MARITAL LIFE ESTATE TRUST

ADMINISTRATRIX

AB TRUST

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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