Central Trusts Lawyer, Utah

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Rowland P. Graff

Landlord-Tenant, Trusts, Family Law, Divorce & Family Law, Contract
Status:  In Good Standing           

Russell S Mitchell

Contract, Employee Rights, Civil Rights, Trusts
Status:  In Good Standing           

J David Westwood

Commercial Real Estate, Litigation, Lawsuit & Dispute, Trusts
Status:  In Good Standing           Licensed:  16 Years

J David Westwood

Commercial Real Estate, Litigation, Lawsuit & Dispute, Trusts
Status:  In Good Standing           Licensed:  16 Years

David Westwood

Real Estate, Litigation, Trusts
Status:  In Good Standing           Licensed:  16 Years

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LEGAL TERMS

KINDRED

Under some state's probate codes, all relatives of a deceased person.

TRUSTEE POWERS

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

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

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.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

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.

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

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.

PERSONAL PROPERTY

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, p... (more...)
All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, patents, pets and season baseball tickets are all examples of personal property. Personal property may also be called personal effects, movable property, goods and chattel, and personalty. Compare real estate.

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. ...