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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
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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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Jordan Mccay Copeland

Real Estate, Trusts, DUI-DWI, Products Liability, Personal Injury

Status: In Good Standing

CONTACT

33300 Highway 280, Childersburg, AL 35044

Gilbert M. Sullivan Jr.

Wills & Probate, Trusts, Estate Planning, Tax

Status: In Good Standing Licensed: 43 Years

FREE CONSULTATION

CONTACT

2100 Rocky Ridge Road, Birmingham, AL 35216

Sanford D Hatton Jr.

Real Estate, Trusts, Elder Law, Wills & Probate

Status: In Good Standing Licensed: 24 Years

CONTACT

22551 Highway 25, Columbiana, AL 35051

Patricia Nell Moore

Estate, Wills & Probate, Elder Law, Trusts

Status: In Good Standing Licensed: 43 Years

CONTACT

Vestavia, AL 35216

J. Kevin Webb

Tax, Real Estate, Trusts, Wills & Probate

Status: In Good Standing

CONTACT

1 Perimeter Park S, Birmingham, AL 35243

Nancy Covington Hughes

Power of Attorney, Estate Administration, Trusts, Estate Planning, Business Successions

Status: In Good Standing

CONTACT

600 Luckie Drive, Birmingham, AL 35223

Forrest Lamar Adams

Real Estate, Immigration, Bankruptcy, Trusts

Status: In Good Standing Licensed: 23 Years

CONTACT

Birmingham, AL 35243

Jon Jackson Rutledge

Real Estate, Trusts

Status: In Good Standing Licensed: 24 Years

CONTACT

300 Vestavia Pkwy, Birmingham, AL 35216

Phillip James Sarris

Real Estate, Trusts, Wills & Probate

Status: In Good Standing Licensed: 61 Years

CONTACT

1845 Montclaire Dr, Birmingham, AL 35216

Earl C. Bloom

Real Estate, Wills, Wills & Probate, Trusts

Status: In Good Standing

CONTACT

215 Arrington Blvd N, Birmingham, AL 35203

800-923-0641

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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).

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

BENEFICIARY

A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to o... (more...)

A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to or taken from a worker provides some protection for workers in the event certain types of pension plans cannot pay the benefits to which workers are entitled, and requires that employers provide full and clear information about employees' pension rights, including the way pension benefits accumulate, how the company invests pension funds, and when and how pension benefits can be collected.

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.

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.

CHARITABLE TRUST

Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).

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.

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.

SAMPLE LEGAL CASES

Ex parte Synovus Trust Co., NA

... [2]. The Raineses allege that, in connection with the creation of the Robert F. Raines Management Trust and the Helen H. Raines Management Trust ("the trusts"), Mr. and Mrs. Raines each entered into an investment agreement with Synovus Trust Corporation. ...

Ex parte Byrom

... This Court held that Â§ 43-8-224 did not apply to trusts. ... We further rejected the argument that we should follow some other "jurisdictions in which courts have found that an antilapse statute, on its face applicable only to wills, reaches trusts as well." 888 So.2d at 485. ...

Regions Bank v. Reed

REGIONS BANK v. Jean W. REED, individually and as cotrustee of the Clement S. Walter Trust; Mary W. Haynes, individually and as cotrustee of the Clement S. Walter Trust; and Susan W. Stockham, individually and as trustee and cotrustee of various family trusts. ...

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Westover Trusts Lawyer, Alabama

Sponsored Law Firm

David E. Hodges, P.C.

SPONSORED LAWYERS

Jordan Mccay Copeland

Gilbert M. Sullivan Jr.

Sanford D Hatton Jr.

Patricia Nell Moore

J. Kevin Webb

Nancy Covington Hughes

Forrest Lamar Adams

Jon Jackson Rutledge

Phillip James Sarris

Earl C. Bloom

TIPS

LEGAL TERMS

PER CAPITA

TRUST MERGER

BENEFICIARY

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

STATUTORY SHARE

PROVING A WILL

CHARITABLE TRUST

AUGMENTED ESTATE

LAPSE

SAMPLE LEGAL CASES

Ex parte Synovus Trust Co., NA

Ex parte Byrom

Regions Bank v. Reed

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