Author: Stephen Howard
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Do I need a will if I have a trust?
A last will and testament combined with a living trust are two estate planning tools that form a foundation in many individual and family estate plans. Under Utah law, a…
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Is a victim required to talk to the prosecutor?
In Utah criminal cases, it is common for a prosecutor to communicate with the alleged victim. But a victim is not required to talk to a prosecutor or submit to…
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Is notice to a biological parent required in minor stepparent adoptions?
The answer to this question will depend on the status of the biological parent’s rights. In a stepparent adoption, Utah law requires that notice be given to a biological parent…
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Notice to a Biological Parent in Adult Adoptions
Is notice or consent required in an adult adoption? In an adult adoption, Utah law provides for modified notice and service requirements, as well as specific consent rules. Prior Notice…
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What happens at a criminal arraignment hearing?
The arraignment hearing serves two important purposes in Utah criminal cases. The first is to give formal notice of the charges filed by the prosecutor. Second, the arraignment gives the…
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Does Utah law require that a power of attorney be notarized?
General/Durable Power of Attorney When executing (signing) a general durable power of attorney, the signature should be notarized by a notary public. The process of executing a power of attorney…
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Considering In-Laws as Trustees
Should I name my son-in-law or daughter-in-law as a trustee in my Utah living trust? The trustee you name should, of course, be someone that you can trust completely. This…
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DUI Defense in Salt Lake City
DUI in Utah – Related Charges & Consequences A DUI conviction in Utah can mean jail time, losing your driver license, heavy fines, and for repeat offenses, even a felony…
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Utah Code – Historical Legal Research
Here’s a tip for Utah attorneys trying to do legal research requiring historical versions of the Utah Code. Justia has published complete versions of the Utah Code as far back…
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One Job – Follow the Constitution
Congress has a limited role in a presidential election. Article II Section 1 as amended provides that the President of the Senate is to open and count the electoral votes…
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The “Planning” Part
You have to do it ahead of time. “Planning” is the most important element of the estate planning process. It cannot be done after the fact. It has to be…