Bessemer Wills & Probate Lawyer, Alabama, page 3

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Includes: Estate Administration, Living Wills, Wills

Preston Hunter Neel

Commercial Real Estate, Wills, Gift Taxation, Credit & Debt
Status:  In Good Standing           Licensed:  16 Years

Earl C. Bloom

Real Estate, Wills, Wills & Probate, Trusts
Status:  In Good Standing           

Elizabeth Holland Hutchins

International, Wills, Estate Planning, Estate, Securities
Status:  In Good Standing           Licensed:  43 Years

James Robert Gillis

Juvenile Law, Wills, Family Law, Personal Injury
Status:  In Good Standing           

James R. Gillis

Juvenile Law, Wills, Family Law, Personal Injury
Status:  In Good Standing           

Phillip James Sarris

Real Estate, Trusts, Wills & Probate
Status:  In Good Standing           Licensed:  61 Years

Nancy Covington Hughes

Power of Attorney, Estate Administration, Trusts, Estate Planning, Business Successions
Status:  In Good Standing           

Kurt S. Fischer

Wills, Estate, Estate Planning, Power of Attorney
Status:  In Good Standing           Licensed:  14 Years

John Twohey Natter

Real Estate, Lawsuit & Dispute, Wills & Probate, Estate, Elder Law
Status:  In Good Standing           Licensed:  51 Years

Darrell Lloyd Cartwright

Litigation, Living Wills, Estate Planning, Bankruptcy
Status:  In Good Standing           Licensed:  35 Years

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LEGAL TERMS

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.

CURATOR

See conservator.

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.

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.

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

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.

GRANTOR RETAINED INCOME TRUST

Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for ... (more...)
Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for a period of years. When the trust ends, the property goes to the final beneficiaries you've named. These trusts are for people who have enough wealth to feel comfortable giving away a substantial hunk of property. They come in three flavors: Grantor-Retained Annuity Trusts (GRATs), Grantor-Retained Unitrusts (GRUTs) and Grantor-Retained Income Trusts (GRITs).

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)
A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

SAMPLE LEGAL CASES

Williams v. Lollar

... Leo L. Williams ("Leo") was the proponent of the will and sought to have the will probated in the Jefferson County Probate Court ("the probate court"). During ... estate. In the probate court, the Lollars successfully contested the will. ...

Ex parte AMP

... BOLIN, Justice. AMP, the biological mother of SLS ("the mother"), filed a petition for a writ of mandamus, seeking an order setting aside the probate court's interlocutory order granting the petition of the foster parents, EWH and SMH, to adopt SLS ("the child") (case no. 1061010). ...

IN RE BERRY

... the Berrys") petition this Court for the writ of mandamus directing Cullman Circuit Court Judge Don L. Hardeman to grant the Berrys' motion for the dismissal of the administration of the estate of Vera H. Berry, which had been removed from the Cullman County Probate Court. ...