Provo Trusts Lawyer, Utah

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Bankruptcy, Elder Law, Family Law, Trusts
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Estate, Wills & Probate, Estate Planning, Trusts
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Power of Attorney, Trusts, Estate Planning, Elder Law
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Trusts
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LEGAL TERMS

NET ESTATE

The value of all property owned at death less liabilities or debts.

TRUST CORPUS

Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, t... (more...)
Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, that money is the corpus. Sometimes the trust corpus is known as the 'res,' a Latin word meaning 'thing.'

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)
(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

FAMILY POT TRUST

See pot trust.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)
A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

ADMINISTRATION (OF AN ESTATE)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)
The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.

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.

SAMPLE LEGAL CASES

Rawlings v. Rawlings

... I. CONSTRUCTIVE TRUSTS ARE A REMEDY THAT MAY BE IMPOSED WHERE A PARTY HAS BEEN UNJUSTLY ENRICHED OR WHERE NECESSARY TO GIVE EFFECT TO AN ORAL EXPRESS TRUST. ... [28] Restatement (Second) of Trusts § 2 cmt. b (1959). ...

Rawlings v. Rawlings

... However, we review a district court's decisions on questions of law, such as the legal requirements for the imposition of constructive trusts, for correctness. ... Confusingly, although the theories are conceptually quite different, they are both properly referred to as constructive trusts. ...

Allred v. Allred

... The documents named Richard as trustee of eight of the trusts and Richard's wife, Mary Lee Allred, as trustee of the trust for the benefit of Richard. ... In early 1983, the Parents signed another quitclaim deed conveying the remaining fifty-percent interest to the nine trusts. ...

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