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Thad A. Davis

The Law Offices of Davis & Davis, LLC
  • Probate, Estate Planning, Appeals & Appellate
  • Alabama
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Biography

I have practiced trust and estate law in the Birmingham, Alabama area for over twenty-two years. I primarily help people who are dealing with problems involving trusts and estates. That means I do will contests, trust contests, and all other litigation regarding trusts and estates. This also means that I help my clients with trusts and estates when the disputes aren't what most would think of as "full-blown" litigation. In those cases, I represent beneficiaries, trustees, and executors in figuring out solutions when the people involved can't agree.

Outside of litigation, I regularly represent clients in administering trusts and estates. I also help clients in drafting wills, trusts, powers of attorney, advance directives, and other documents to accomplish their estate planning.

Sometimes clients need help with a relative who can't take care of themselves. In those cases, I help my clients establish guardianships and/or conservatorships as needed.

If you have any questions, please don't hesitate to call or e-mail to set up an appointment. I often do phone appointments for my clients' convenience!

The Alabama Bar requires the following statement: "No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."

Practice Areas
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Appeals & Appellate
    Civil Appeals
Additional Practice Area
  • Litigation regarding Nonprobate Assets (including deed and beneficiary contests)
Fees
  • Credit Cards Accepted
  • Contingent Fees
    Our contingency fee arrangements vary from traditional contingency fees where there are no fees owed unless we're successful to more "delayed hourly fees" where we only get paid at the end of the representation. Some cases are taken on a "hybrid" or "blended" basis where part of our payment is hourly and part is one a lowered contingency fee basis.
  • Rates, Retainers and Additional Information
    If you have a legal issue and think you need our help, please contact me to see if we can reach a mutually agreeable fee arrangement.
Jurisdictions Admitted to Practice
Alabama
Alabama State Bar Association
ID Number: 0450T71D
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Languages
  • English: Spoken, Written
  • German: Spoken, Written
Professional Experience
Member/Manager
The Law Offices of Davis & Davis, LLC
- Current
Founded my current practice where we focus on probate, estate, trust, and related matters with an emphasis on litigation and administration.
Associate
Sirote & Permutt, P.C. (now Denton's Sirote)
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As an attorney in the firm's estate planning department, I handled trust and estate planning, administration, litigation, and taxation issues.
Education
University of Florida Levin College of Law
LL.M. (2001) | Taxation
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Honors: Graduate Editor, Florida Tax Review. John W. Thatcher full-tuition tax scholarship.
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University of Alabama School of Law
J.D. (2000) | Law
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Honors: Magna Cum Laude Senior Editor, Alabama Law Review. Advocate, National Moot Court Team.
Activities: Bench & Bar Legal Honor Society. John W. Campbell Moot Court Board.
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Duke University
B.A. (1992) | English & German
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Honors: Cum Laude. Twentieth Century America freshman honors program.
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Awards
AV Preeminent®
Martindale-Hubbell
Outstanding Faculty Award
National Business Institute
Awarded for continuing legal education speaking engagements.
Clients’ Choice Award
Avvo.com
AV Preeminent®
Martindale-Hubbell
AV Preeminent®
Martindale-Hubbell
Professional Associations
Alabama State Bar  # 0450T71D
Member
Current
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Speaking Engagements
Undue Influence and Other Beneficiary Disputes, Continuing Legal Education, National Web Broadcast
National Business Institute
https://www.nbi-sems.com/ProductDetails/Undue-Influence-and-Other-Beneficiary-Disputes/Video-Webinar/92480ER_3737889
Websites & Blogs
Blog
Alabama Probate
Legal Answers
1 Questions Answered
Q. Executor of a living will how long does he have to get it settled and can he stop siblings from getting information from
A: I'm sorry that you're having an issue. I'm not sure I understand the question that you're asking so I'm going to answer as I understand it. I think you're asking how long does an executor of a will have to settle an estate and can the executor stop the other beneficiaries from getting information?

The answer to your question of how long an executor has to settle an estate in Alabama is, unfortunately, "it depends." A variety of factors can make it difficult for an executor to settle an estate. Litigation, disputes between the heirs, problems with real estate, and other situations can complicate estate administrations. However, an executor does have a duty to settle an estate.

The answer to your question about getting information is that it's my position that an executor has to respond to reasonable information requests from beneficiaries. This is not settled law with respect to executors, but it is the law with respect to trustees who are similar to executors. Generally, I advise beneficiaries to try communicating with the executor's lawyer if there is one in writing several times. If that doesn't work, you should see an attorney. Naturally, you can see an attorney to represent you at any time.

I hope this answer helps, and I wish you all the best.

Thad A. Davis is an Alabama attorney. As such, his responses on this site are limited to his understanding of the facts as cited in the posted question and his understanding of the law in his state. No answer should be considered legal advice, nor does an answer create an attorney-client relationship. Anyone desiring specific legal advice should consult an attorney in the relevant state.
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Contact & Map
The Law Offices of Davis & Davis, LLC
300 Vestavia Parkway, Suite 2300
Vestavia Hills, AL 35216
Telephone: (205) 305-4266