Whether to use a quitclaim deed or a warranty deed to transfer property into a living trust in Utah depends in part on who holds the property, how it is held, and who the beneficiaries and grantors of the trust are. Under Utah law, a quitclaim deed only transfers whatever rights the grantor has to…

Do I need a will if I am in a second marriage, with children from a previous marriage? Blended families require particular attention in preparing an estate plan. Utah intestate succession law provides that when a decedent has children from another relationship and leaves a surviving spouse, the surviving spouse is generally entitled to one…

If you are married without any children and die without a will, Utah intestate succession laws may dictate that your entire estate will pass to your spouse. For some couples, this may be an adequate outcome. But even if this is what you want done with your property and assets, often creating even a basic…

If you are married, and if all of your children are also children of your spouse, and if you your spouse does not predecease you, then Utah intestate succession laws provide that your entire estate will pass to your spouse if you die without a will.  For many people, this outcome may suit their needs.…

If a person who is unmarried and has no children dies without a will, Utah’s intestate succession laws dictate that his entire estate will pass to his closest heirs.  The estate will pass first to the person’s parents.  If the person’s parents have already died, then the estate will pass next to siblings.  In most cases,…

A last will and testament will be considered valid if it is signed by the testator as well as two witnesses. The witness need only be generally competent to act as a witness (see Utah Code 75-2-505). While a last will and testament traditionally could not be witnessed by a person who had an interest…

When a person dies in Utah without a will, then the person is considered to have died “intestate” and the person’s distribution of that person’s assets is determined under the provisions of the Utah probate code dealing with intestate succession.  Utah’s intestate succession laws provide that a surviving spouse is entitled to a significant portion of…

A special needs trust can be created through a living trust or as a testamentary trust created through a last will and testament. When established and managed correctly, a special needs trust can significantly improve the quality of life for someone with special needs. This page is intended only to provide general information regarding special…

Last Will and Testament Considerations One of the foundational documents in any good Utah estate plan is a last will and testament (commonly referred to simply as a “will”). It is a common misconception that a living trust can be used as a substitute for a last will and testament. Whether or not you have…

A living trust and a last will and testament can form the foundation of a complete estate plan in Utah. A living trust is not a substitute for a will. Instead, these two important estate planning documents can work together to help avoid probate and to help ensure that your estate will be distributed according…

Following are brief definitions or descriptions of key terms relating to Social Security SSI and other government benefit programs that should be understood in creating or administering a special needs trust in Utah. This page is not intended to be taken as legal advice. If you or someone you care about is disabled or has…