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BALCH & BINGHAM LLP

BALCH & BINGHAM LLP

Birmingham, United States

Founded in 1922
439 people in their team
Balch & Bingham LLP is a corporate law firm with more than 230 attorneys across offices in Birmingham and Montgomery, Alabama; Jacksonville,...
English

About Trusts Law in Birmingham, United States

Trusts law in Birmingham, Alabama, United States is primarily regulated by state law, in particular the Alabama Uniform Trust Code. A 'trust' is a legal arrangement in which one person, known as the 'trustee', holds and manages assets for the benefit of another person, the 'beneficiary'. Trusts have numerous practical implications ranging from estate planning and asset protection to wealth management and tax planning.

Why You May Need a Lawyer

Creating or managing a trust can be a complex process due to the intricate nature of trusts law. Lawyers can assist in setting up a trust, ensuring its legality, and helping trustees to fulfil their legal obligations. It's also important to consider getting legal advice when dealing with trust disputes, trust reformations, or trust dissolution. An experienced lawyer can ensure the trust is administered properly and the beneficiaries' interests are taken care of.

Local Laws Overview

In Birmingham, trusts are governed mostly by The Alabama Uniform Trust Code, but also by common law. Birmingham law requires certain details to be outlined in a trusts document such as the trust's purpose, identification of the trustee and beneficiaries, and the trust assets. Local law also places a list of duties on trustees, including the duties of loyalty, prudence and impartiality, which makes having a well-versed lawyer even more valuable.

Frequently Asked Questions

1. Can I set up a trust by myself?

While it's possible, it's highly advised to seek professional help due to the complexity of trusts law.

2. What happens when a trustee doesn't follow the trust's terms?

According to Alabama law, beneficiaries can take legal action against a trustee who does not adhere to the terms of the trust.

3. Can you revoke a trust?

This largely depends on the type of trust. Revocable trusts can be changed or cancelled, while irrevocable trusts generally cannot.

4. How are trusts taxed in Birmingham, Alabama?

Trusts taxation varies based on the type of trust. It's best to consult a legal and tax professional for specific advice for your situation.

5. What's the difference between a trust and a will?

A will goes into effect only after death and covers any property held only in the deceased's name. Trusts can be used to begin transferring property prior to death, at death or afterwards.

Additional Resources

The following resources may be helpful in understanding trusts law in Birmingham:

  • Alabama State Bar: Offers resources and guidance.
  • United States Bankruptcy Court, Northern District of Alabama: Provides legal documentation and information.
  • Legal Services Corporation: Offers affordable legal services.

Next Steps

If you require legal assistance with trusts in Birmingham, it's recommended that you consult a Birmingham-based law firm specializing in trusts. Prepare a list of questions and necessary documents regarding your trust before your consultation. Some firms offer initial free consultations, and after that, you can decide the best way forward based on your situation and needs. Remember to verify the credentials and experience level of the lawyer before retaining his or her services.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.