Author: Stephen Howard
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Foster Care and Adoption in Davis County
Foster parents in Davis County play a critical role in providing care for children who, through no fault of their own, find themselves placed in the Utah foster care system.…
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How many witnesses are required to make a will valid in Utah?
To be considered valid, a Utah will should be witnessed by two people who witness both the testator executing (signing) the will as well as witnessing the other witness. A…
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Title to Real Estate in a Revocable Trust
How should a home be titled if it is held in a living trust in Utah? Properly funding your Utah living trust is just as important as creating the trust…
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How long can I wait to file a probate action in Utah?
A probate action in Utah is typically required to be filed within three years of the date of death. If probate is required, then a decedent’s will must be probated…
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Power of Attorney to Transfer Real Estate After the Death of a Parent
Can I use a power of attorney in Utah to transfer the title/deed to my parents’ home after their death? Transferring the title to a home (or other real estate)…
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Half-Siblings and Intestate Inheritance
Is a half-brother or half-sister entitled to inherit under Utah intestate succession? Under section 75-2-107 of the Utah probate code governing intestate succession, a person who is related by “half…
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Creditor Claims in Probate
Can creditors claim the entire estate in Utah probate? Under Utah law, creditors have claim against the estate of a decedent if the person died with outstanding debts. However, Utah…
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Beneficiary’s Rights to See Trust Documents
If I am the beneficiary of a trust in Utah, am I entitled to see the trust documents? Trustee’s Duty to Inform and Report Under the Utah Uniform Trust Code,…
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Constitution – Bill of Rights
Amendment 1 – Freedom of Religion, Speech, and the Press Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom…
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Wills and Trusts – Married and No Children
Do I need a will in Utah if I am married but have no children? If you are married without any children and die without a will, Utah intestate succession…
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Joint Tenancy & Probate in Utah
Can I use a joint tenancy to avoid probate in Utah? The short answer is yes – but there often are better ways to avoid probate. A joint tenancy with…