Brigham City 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

A. Jase Allen

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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

44 East Center Street, Logan, UT 84321

Rand G. Lunceford

Eminent Domain, Wills & Probate, Family Law, Banking & Finance

Status: In Good Standing Licensed: 17 Years

CONTACT

195 Historic 25Th Street, Ogden, UT 84401

Addison D Larreau

Wills, Estate Planning, Employee Rights, Non-profit

Status: In Good Standing

CONTACT

1104 Country Hills Dr, Ogden, UT 84403

Phillip R Shaw

Real Estate, Immigration, Wills & Probate, Corporate

Status: In Good Standing Licensed: 20 Years

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88 W Center St, Logan, UT 84321

800-923-0641

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LEGAL TERMS

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

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.

CHARITABLE TRUST

Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

ENTITY

An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)

An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.

PUBLISHED WORK

An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public o... (more...)

An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public on an unrestricted basis. It is thus possible to display a work, or distribute it with restrictions on disclosure of its contents, without actually 'publishing' it. Both published and unpublished works are entitled to copyright protection, but some of the rules differ.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

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.

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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Brigham City Wills & Probate Lawyer, Utah

Sponsored Law Firm

Hepworth & Associates

SPONSORED LAWYERS

A. Jase Allen

Rand G. Lunceford

Addison D Larreau

Phillip R Shaw

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LEGAL TERMS

IN TERROREM

SELF-PROVING WILL

CHARITABLE TRUST

STATUTORY SHARE

ENTITY

PUBLISHED WORK

LAPSE

PROBATE COURT

SPECIFIC BEQUEST

SAMPLE LEGAL CASES

McKelvey v. Hamilton

IN THE MATTER OF ESTATE OF STRAND

IN RE ESTATE OF OSTLER

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