Thad A. Davis

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."

University of Florida Levin College of Law

LL.M. (2001) | Taxation

2000 - 2001

Honors: Graduate Editor, Florida Tax Review. John W. Thatcher full-tuition tax scholarship.

University of Alabama School of Law

J.D. (2000) | Law

1997 - 2000

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.

Duke University

B.A. (1992) | English & German

1988 - 1992

Honors: Cum Laude. Twentieth Century America freshman honors program.

Member/Manager

The Law Offices of Davis & Davis, LLC

2005 - 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)

2001 - 2005

As an attorney in the firm's estate planning department, I handled trust and estate planning, administration, litigation, and taxation issues.

Cotnam v. Commissioner and the Income Tax Treatment of Contingency-based Attorney’s Fees– The Alabama Attorney’s Charging Lien Meets Lucas v. Earl Head-on

Alabama Law Review

July 1, 2000

Undue Influence and Other Beneficiary Disputes, Continuing Legal Education, National Web Broadcast

August 26, 2022

National Business Institute

https://www.nbi-sems.com/ProductDetails/Undue-Influence-and-Other-Beneficiary-Disputes/Video-Webinar/92480ER_3737889

AV Preeminent®

Martindale-Hubbell

2023

Outstanding Faculty Award

National Business Institute

2022

Awarded for continuing legal education speaking engagements.

Clients’ Choice Award

Avvo.com

2022

AV Preeminent®

Martindale-Hubbell

2022

AV Preeminent®

Martindale-Hubbell

2021

Alabama State Bar  # 0450T71D

Member

Current

Alabama

Alabama State Bar Association

ID Number: 0450T71D

• 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.

• Litigation regarding Nonprobate Assets (including deed and beneficiary contests)

Q. Executor of a living will how long does he have to get it settled and can he stop siblings from getting information from

July 25, 2023

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. ... Read More