Summit Wills & Probate Lawyer, Utah

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Michael Hepworth
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Hepworth & Associates
320 W 500 S Suite 200 Bountiful, UT 84010Â» view map
Estate
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Providing professional and compassionate representation in various estate cases. Hepworth & Associates are tough, strong and fair attorneys.

801-872-2222
1. Michael Hepworth Bountiful, UT
  Attorney at Law - UT, 2014
  Sturm College of Law J.D.
2. AboutHepworth & Associates
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Includes: Estate Administration, Living Wills, Wills

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David Westwood

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Status: In Good Standing Licensed: 16 Years

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337 S Main St, Cedar City, UT 84720

800-923-0641

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LEGAL TERMS

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

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.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

ESTATE PLANNING

The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your... (more...)

The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your estate may involve making a will, living trust, healthcare directives, durable power of attorney for finances or other documents.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

ABSTRACT OF TRUST

A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract... (more...)

A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract of trust to a financial organization or other institution to prove that you have established a valid living trust, without revealing specifics that you want to keep private. In some states, this document is called a 'certification of trust.'

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

ANCILLARY PROBATE

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are... (more...)

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

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. ...

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Summit Wills & Probate Lawyer, Utah

Sponsored Law Firm

Hepworth & Associates

SPONSORED LAWYERS

J David Westwood

J David Westwood

John David Westwood

Robin S. Boneck

David Westwood

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LEGAL TERMS

NONPROBATE

PETITION

SPENDTHRIFT TRUST

ESTATE PLANNING

PREDECEASED SPOUSE

IRREVOCABLE TRUST

ABSTRACT OF TRUST

DISINHERIT

ANCILLARY PROBATE

SAMPLE LEGAL CASES

McKelvey v. Hamilton

IN THE MATTER OF ESTATE OF STRAND

IN RE ESTATE OF OSTLER

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