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Here’s The Deal:#N#"Lindsey M. Eastwood is an experienced trial lawyer who practices in estate planning and civil litigation. She completed her Bachelor of Arts at Birmingham-Southern College in 2010 and Juris Doctor at Samford University, Cumberland School of Law in 2014. She admitted as a member of Alabama State Bar, Birmingham Bar Association, and Bessemer Bar Association. Lindsey provides clients individual attention unique to many attorney-client relationships. She finds the best legal outcomes are achieved with a client-attorney relationship that requires excellent communication and clear expectations. They have represented individuals during some of the most challenging times of their lives, and she is sensitive to the individualized attention needed to provide excellent client service. They are available 24/7 and offer a free consultation."
Here’s The Deal:#N#"Rodney Davis is an attorney who practices family law, estate planning, and business planning. He completed JD at Faulkner University, Thomas Goode Jones School of Law, and BA at the University of Alabama. He proudly provides high-quality legal counsel and representation in a variety of practice areas. Their experience across multiple practice areas allows them to serve their clients' needs better when different areas of the law intersect. They provide you with guidance while representing your interests. They committed to being accessible, responsive, and professional with all clients. Their goal is to resolve every one of your legal conflicts."
A will is generally defined as a legal instrument that dictates who shall receive what from your estate after your death. Things you can typically do with a will are as follows: Designate your executor.
A trust is generally defined as a separate legal entity that controls the use and ownership of property.
In general, you have just six months from when the will was presented to the court to dispute it. A person who is under a legal disability (mental impairment) or a minor has up to 12 months from the date when the legal disability is removed to contest a will. This can be complicated, so if a minor or someone with a mental impairment is negatively affected by a potentially invalid will, a guardian may need to be appointed to enforce the person’s rights. Do not rely solely on information found online, as there are complex nuances that can shorten or extend the time you have to dispute a will, and each case is unique.
Fraud: If you can prove the will was created through fraud, you may be able to get a court to invalidate it. Duress and undue influence: A will should reflect the will of the person making it. If created under duress or through force, coercion or improper undue influence, it is not valid.
Grounds for Breaking a Trust. There are many reasons why someone might wish to break a trust. A trustor (the person creating a trust) can almost always revise, edit, or void a trust, unless the trust was made irrevocable for some reason.
Perhaps the most straightforward option for breaking a trust is showing that necessary legal formalities were not followed. Improper witnesses, lack of witnesses, or inadequate or incorrect language may all be grounds to dispute the authenticity or validity of a trust.
Alabama law allows those who are “interested parties” to contest a will. A will contest must be filed in probate court where the will is filed. The following grounds may allow you to contest a will: Disinherited spouse: In most cases Alabama law allows spouses to assert their right to an elective share of the estate, ...