Empire Wills & Probate Lawyer, Alabama
Includes: Estate Administration, Living Wills, Wills
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1-3 of 3 matches. Page 1 of 1
1700 5th Ave., Jasper, AL 35501
Profile LAWPOINTS™36/100
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Steven A Thomas
Family Law, Real Estate, Wills & Probate, Trusts, Estate
Status: In Good Standing Licensed: 47 Years
347 20th St W, Jasper, AL 35501
Profile LAWPOINTS™22/100
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200 88Th Street South, Birmingham, AL 35206
Profile LAWPOINTS™19/100
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LEGAL TERMS
IN TERROREM
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.
RULE AGAINST PERPETUITIES
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.
ABATEMENT
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.
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.
HEIR AT LAW
A person entitled to inherit property under intestate succession laws.
ADEMPTION
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.
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.
KINDRED
Under some state's probate codes, all relatives of a deceased person.
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.
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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