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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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Derek Atchison

Corporate, Reorganization, Environmental Law Other, Trusts

Status: In Good Standing

CONTACT

3030 Knollwood Drive, Mobile, AL 36693

Robert Christopher Matthews

Real Estate, Trusts, Family Law, Criminal

Status: In Good Standing Licensed: 17 Years

CONTACT

Mobile, AL 36652

Stephen Mark Middleton

Real Estate, Trusts, Workers' Compensation, Medical Malpractice

Status: In Good Standing Licensed: 36 Years

CONTACT

305 S Alston St, Foley, AL 36535

800-923-0641

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LEGAL TERMS

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.

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.

ADMINISTRATION (OF AN ESTATE)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.

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.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

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.

PERSONAL PROPERTY

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, p... (more...)

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, patents, pets and season baseball tickets are all examples of personal property. Personal property may also be called personal effects, movable property, goods and chattel, and personalty. Compare real 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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Mobile Trusts Lawyer, Alabama

Sponsored Law Firm

David E. Hodges, P.C.

SPONSORED LAWYERS

Derek Atchison

Robert Christopher Matthews

Stephen Mark Middleton

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LEGAL TERMS

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

SELF-PROVING WILL

ADMINISTRATION (OF AN ESTATE)

POWER OF APPOINTMENT

SURVIVING SPOUSE'S TRUST

TRUSTEE POWERS

ESTATE TAXES

LAPSE

PERSONAL PROPERTY

SAMPLE LEGAL CASES

Ex parte Synovus Trust Co., NA

Ex parte Byrom

Regions Bank v. Reed

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