Clarkston Wills & Probate Lawyer, Utah

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Includes: Estate Administration, Living Wills, Wills

A. Jase Allen Lawyer

A. Jase Allen

VERIFIED
Immigration, Wills, Estate Planning, Elder Law, Accident & Injury

He is a native of Cache Valley, Utah and attended Logan High School. He went to college at Utah State University and graduated with honors in finance ... (more)

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435-227-5468

Brian John Craig

Divorce & Family Law, Estate, Criminal, Child Custody
Status:  In Good Standing           

Jonathan P Thomas

Criminal, Estate
Status:  In Good Standing           Licensed:  25 Years

Jeffery B. Adair

Wills & Probate, Estate, Divorce & Family Law
Status:  In Good Standing           Licensed:  26 Years

Jeffrey R. Burbank

General Practice
Status:  In Good Standing           Licensed:  42 Years

Jeffrey R Burbank

General Practice
Status:  In Good Standing           Licensed:  42 Years

Michael R Smith

Estate, Wills & Probate, Agriculture
Status:  In Good Standing           Licensed:  24 Years

Phillip R Shaw

Real Estate, Immigration, Wills & Probate, Corporate
Status:  In Good Standing           Licensed:  20 Years

Todd Nicholas Hallock

Wills, Trusts, Non-profit, Business
Status:  In Good Standing           

Andrew S Lillywhite

Military, Real Estate, Estate, Business, Medical Malpractice
Status:  In Good Standing           Licensed:  12 Years

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LEGAL TERMS

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

BEQUEATH

A legal term sometimes used in wills that means 'leave' -- for example, 'I bequeath my garden tools to my brother-in-law, Buster Jenkins.'

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.

TRUSTEE POWERS

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

CURATOR

See conservator.

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

SAMPLE LEGAL CASES

McKelvey v. Hamilton

... McKelvey first claims that the district court erred in concluding that the Hamiltons were authorized by a 1994 probate order to receive a disproportionate share of the family business. ... We affirm. BACKGROUND. 1990 Probate. ...

IN THE MATTER OF ESTATE OF STRAND

... We agree that the unique circumstances of this case, together with Utah's "pragmatic, case-by-case approach to finality in probate matters," resulted in finality for the purposes of this appeal. ... [1]. II. The Probate Court Had Authority to Appoint a Personal Representative. ...

IN RE ESTATE OF OSTLER

... died. The claim against the estate was brought nearly four years after the father's death, and more than three years after the expiration of the 90-day window for the filing of claims against the estate under the Utah Probate Code. ...