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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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Includes: Estate Administration, Living Wills, Wills

Robin A. Mahan

Family Law, Divorce, Wills & Probate, Bankruptcy

Status: In Good Standing

CONTACT

2057 Valleydale Road, Birmingham, AL 35244

D. Andrew Rhodes

Real Estate, Trusts, Wills & Probate

Status: In Good Standing

CONTACT

1224 Walnut St, Centreville, AL 35042

James A Holliman

Real Estate, Wills & Probate, Family Law, Personal Injury

Status: In Good Standing Licensed: 56 Years

CONTACT

2491 Pelham Pkwy, Pelham, AL 35124

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

Donna Mathews Jennings

Commercial Real Estate, International Intellectual Property, Living Wills, Property Damage

Status: In Good Standing Licensed: 24 Years

CONTACT

205 4Th St N, Clanton, AL 35045

Rosemarie Reinhard Musso

Divorce & Family Law, Wills & Probate

Status: In Good Standing Licensed: 18 Years

CONTACT

645 Narrows Point Way, Birmingham, AL 35242

800-923-0641

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LEGAL TERMS

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).

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

SURROGATE COURT

See probate court.

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.

CREDIT SHELTER TRUST

See AB trust.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

REMAINDERMAN

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderma... (more...)

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderman because he will inherit the home in the future, after Alma dies.

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.

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.

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. ...

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Wilton Wills & Probate Lawyer, Alabama

Sponsored Law Firm

David E. Hodges, P.C.

SPONSORED LAWYERS

Robin A. Mahan

D. Andrew Rhodes

James A Holliman

Sanford D Hatton Jr.

Donna Mathews Jennings

Rosemarie Reinhard Musso

TIPS

LEGAL TERMS

CHARITABLE TRUST

SELF-PROVING WILL

SURROGATE COURT

SPENDTHRIFT TRUST

CREDIT SHELTER TRUST

POWER OF APPOINTMENT

REMAINDERMAN

FINAL BENEFICIARY

SPECIFIC BEQUEST

SAMPLE LEGAL CASES

Williams v. Lollar

Ex parte AMP

IN RE BERRY

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