Author: Stephen Howard

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…
Davis County Living Trusts Lawyer

A living trust and a last will and testament can form the foundation of a complete estate plan in Utah. These two estate planning tools can function together to help…
Last Will – Living Will – Living Trust

The legal terminology used in estate planning can be confusing. Some of the most commonly misunderstood terms include last will, living will, and living trust. The similarities between these terms…
Utah Adoption and Parental Rights Termination

Is a petition to terminate parental rights filed in the district court or juvenile court? A petition to terminate parental rights in Utah can be filed in either the district…
Aggravated Assault – Felony Defense

Aggravated assault is a felony criminal charge in Utah. Understanding consequences and potential defenses can help in achieving a successful result.
Utah Single-Parent Adoptions Attorney

Utah adoption law allows for adoptions of a minor child by either married couples or by single parents. But Utah statutes place certain restrictions on the circumstances under which a…
District Court Criminal Appeals

If you have been convicted in one of Utah’s district courts and if you believe the court made errors, you are constitutionally entitled to file a notice of appeal asking…
Open Adoptions & Postadoption Contact Agreements

Are postadoption contact agreements enforceable under Utah law? An open adoption agreement (often referred to formally as a postadoption contact agreement) can be enforceable under Utah law only in cases…
Can a single parent adopt in Utah?

Utah law allows a single (unmarried) person to adopt a child. But there are some rules and limitations that can apply. Under Utah Code 78B-6-117 (2022), the general rule is…
Davis County Step-Parent Adoptions

The process of adopting a step-child can secure formal legal recognition of the parent-child relationship that has developed over time. A biological parent may be deceased or may have drifted…
Challenging Witnesses at Trial

The right to face one’s accusers in court is guaranteed by the constitutional right to confront and cross examine witnesses.
Is a durable power of attorney valid after the person dies?

A durable power of attorney becomes void and invalid upon the death of the principal. The principal can delegate authority to an agent using a written power of attorney designation.…