Understanding key terms and concepts involved in the estate planning process is an important part of establishing a personalized estate plan. The following are general definitions and information about legal terminology involved in the estate planning and probate processes. For more information, for … [Read more...]
Utah Wills and Trusts Attorney – Due on Sale
Creating a living trust (sometimes called a "family" trust) can be an important part of a comprehensive estate plan. Transferring your home or other real estate into your living trust is an important part of funding your trust, and is an important step toward avoiding an expensive and lengthy … [Read more...]
What happens when a person dies without a will in Utah?
A person who dies without leaving a will is considered to have died “intestate.” Under Utah law, what happens to that person’s estate is dictated by sections of the Utah probate code governing intestate succession (Utah Code Ann. 75-2-102 et seq.). Most often, the “heirs” who are likely to … [Read more...]
What do I do if I lose my original will in Utah?
Losing or misplacing your last will and testament (or simply a "will") in Utah requires action. Even if you still have a photocopy of the will, this may not be sufficient. If a probate action in the Utah courts is necessary following your death, an original normally must be filed with the court - … [Read more...]
Utah Estate Planning Attorney – Wills and Trusts
The following is provided for informational purposes only, and should not relied on as legal advice. You are strongly encouraged to contact a Utah estate planning attorney if you have questions regarding will, trusts, probate, or other legal matters. What is the spousal share under intestate … [Read more...]
What is the best place to store my Utah will?
Two important considerations in deciding where to keep or store your Utah last will and testament are: first, you want your will to be easy to find and access after you die; and second, you want your will to be safe from damage or loss while you are alive. There is no "right" answer on where to … [Read more...]
Validity of a Utah Last Will and Testament
What law determines if a last will and testament was validly executed in Utah? When a last will and testament is presented for probate in Utah, the court must first determine whether the will is valid. Key in determining whether the will is valid is the question of whether the will was lawfully … [Read more...]
When does a durable power of attorney become effective in Utah?
A durable power of attorney in Utah is one that is made void by the principal's disability or incapacity. It can be drafted in a way to make it immediately effective upon being signed and notarized. Or, it can be drafted in a way that makes it become effective only after the principal becomes … [Read more...]
Utah Probate Issues and Questions
How can I get a copy of a death certificate or birth certificate in Utah? An official death certificate or birth certificate can be needed to proceed with various legal proceedings in Utah, including probate and adoption cases. There are a number of private companies or online services who will … [Read more...]
Who can make health care decisions under Utah law without an advance health care directive?
Under the Utah law governing advance health care directives, provisions have been made for circumstances in which a patient has not signed an advance health care directive and the patient is now unable to communicate his or her wishes regarding health care decisions. Utah Code 75-2a-108 provides a … [Read more...]