Author: Stephen Howard

Is it OK if I don’t make a will in Utah?

As far as its effect on you personally, there are not many consequences for failing to leave a last will and testament when you die in Utah. But it can…
Probate with No Will in Utah

Filing probate with no will in Utah can be more complicated than a probate involving a valid will. Taking advanced steps to avoid probate entirely is often a better course…
Inheritance and Drug Addiction

Estate planning when addiction or drug use is a concern. Question: Is it safe to leave an inheritance to my son/daughter who is struggling with alcohol/drug addiction? I don’t want…
Adoption Pre-Placement Evaluation in Utah

A home study, criminal history report, and child abuse registry check are important parts of the adoption pre-placement evaluation process in Utah. Before an adoption petition is finalized, a prospective…
Adoption Petitions in Utah – Initial Filings

What are the location and timing requirements for filing adoption petitions in Utah? Utah Code 78B-6-105 governs venue (location), jurisdiction, and timing requirements for initial filing and notice of adoption…
Death Certificate Alternatives in Utah Probate

Am I required to file a death certificate in a Utah probate case? You may encounter information online regarding the Utah probate process that suggests that a death certificate is…
Inheritance by Ex-Spouse in Utah

A review and modification of existing estate planning documents or the creation of a new estate plan is strongly recommended following a divorce. Often, it is advisable to revise an…
Avoiding Probate – Use Caution – Joint Tenancy

Can I use a joint tenancy to avoid probate in Utah? Short Answer: Maybe, but there are better methods of avoiding probate. To identify the best way of avoiding probate…
Witnesses to a Will in Utah

When a person’s last will and testament is subject to a contested probate in the Utah court system, the authenticity or validity of a will must be shown. If a…
Using a Last Will and Testament in Utah

One of the foundational documents in any good Utah estate plan is a last will and testament (commonly referred to simply as a “will”). Following are several issues to consider…
Family Member as Witness to a Will

Can a family member act as a witness to a last will and testament in Utah? The short answer is yes, but think twice (or three times, or four) before…
Witnessing a Will in Utah

Executing a last will and testament is an important part of establishing a comprehensive estate plan. Ensuring that the will is valid under Utah law is just as important as…