Orem Estate Planning Lawyer, Utah

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Includes: Gift Taxation

Adam C. Brown

Bankruptcy, Estate Planning, Family Law, Litigation
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Caleb O. Lyman

Corporate, Business Organization, Estate Planning, Family Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Paul Roger Maxfield

Litigation, Estate Planning, Personal Injury, Medical Malpractice
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Paul E. Waldron

Trusts, Estate Planning, Adoption, Adoption, Divorce & Family Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Frederick A Jackman

General Practice
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  51 Years

Brad Rice

Estate Planning, Business, Business & Trade, Corporate, Contract
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Chris B Turner

Estate Planning, Estate, Criminal, Corporate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  26 Years

Peter Robinson

Civil Rights, Family Law, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Darren R. Watts

Business Organization, Trusts, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  20 Years

Gregory B. Lyle

Commercial Real Estate, Estate Planning, Commercial Bankruptcy
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  14 Years

Free Help: Use This Form or Call 800-814-6700

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800-943-8690

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LEGAL TERMS

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.

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).

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).

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

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.

FAILURE OF ISSUE

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

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)
A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

SAMPLE LEGAL CASES

Kunzler v. Kunzler

... 2 The trial court also ruled that because Rous transferred her and her late husband's real estate into the Ranch for estate planning purposes, Husband's interest in the Ranch and the bulls that lived on the Ranch's land were his separate property. ...

GRGICH v. GRGICH

... Judge Henriod set forth ample subsidiary findings supporting his decision, including the overwhelming evidence that Husband was in sole control of the property, borrowed against it repeatedly, and admitted that he executed the quitclaim deed for estate planning purposes. ...

Neff v. Neff

... mismanagement of a family trust. According to Marvin, the brothers' parents, through establishment of a trust and other estate-planning devices, had devised a piece of land to Branson and Marvin as co-owners. [7] Marvin alleged that ...

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