Salt Lake County, UT Estate Lawyers

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Diana J Huntsman Lawyer

Diana J Huntsman

VERIFIED
Divorce & Family Law, Mediation, Divorce, Family Law, Estate

Diana has been a mediator for twelve years, since 2012. She has helped hundreds of couples resolve their divorce and custody conflicts through mediat... (more)

Michelle Swift

Medical Malpractice, Wills & Probate, Civil Rights, Dispute Resolution
Status:  In Good Standing           

FREE CONSULTATION 

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Wayne Z. Bennett

Corporate, Estate Planning, Tax
Status:  In Good Standing           

James L. Christensen

Corporate, Construction, Estate Planning, Wills & Probate
Status:  In Good Standing           

J. Spencer Ball

Estate Planning, Trusts, Wills & Probate, Trusts
Status:  In Good Standing           Licensed:  37 Years

FREE CONSULTATION 

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Peter A Klc

Real Estate, Business, Estate Planning, Adoption, Landlord-Tenant
Status:  In Good Standing           Licensed:  13 Years

FREE CONSULTATION 

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Paul M King

Real Estate, Business, Wills & Probate, Estate, Estate Planning
Status:  In Good Standing           Licensed:  35 Years

David R. Hartwig

Estate, Pension & Benefits, Divorce & Family Law, Accident & Injury, Family Law
Status:  In Good Standing           Licensed:  39 Years

Gregory P. Hawkins

Estate, Trusts, Living Wills
Status:  In Good Standing           Licensed:  40 Years

FREE CONSULTATION 

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Justin H. Riley

Real Estate, Estate, Business, Bankruptcy & Debt
Status:  In Good Standing           Licensed:  18 Years

FREE CONSULTATION 

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LEGAL TERMS

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

DEVISEE

A person or entity who inherits real estate under the terms of a will.

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.

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

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.

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)
The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.