Category: Archive
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Family Trusts and the Mortgage Due-on-Sale Clause
Creating a living trust (sometimes called a family trust or revocable trust) can be an important part of a comprehensive estate plan. Transferring your home or other real estate into…
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What happens when a person dies without a will in Utah?
A person who dies without leaving a will is considered to have died “intestate.” Under Utah law, what happens to that person’s estate is dictated by sections of the Utah…
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What do I do if I lose my original will in Utah?
Losing or misplacing your last will and testament (or simply a “will”) in Utah requires action. Even if you still have a photocopy of the will, this may not be…
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Utah Estate Planning Attorney – Wills and Trusts
What is the spousal share under intestate succession in Utah? When a person dies without a will, Utah law considers that person to have died “intestate.” This means that the…
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What is the best place to store my Utah will?
Two important considerations in deciding where to keep or store your Utah last will and testament are: first, you want your will to be easy to find and access after…
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Validity of a Utah Last Will and Testament
What law determines if a last will and testament was validly executed in Utah? When a last will and testament is presented for probate in Utah, the court must first…
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When does a durable power of attorney become effective in Utah?
A durable power of attorney in Utah is one that is made void by the principal’s disability or incapacity. It can be drafted in a way to make it immediately…
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Utah Probate Issues and Questions
How can I get a copy of a death certificate or birth certificate in Utah? An official death certificate or birth certificate can be needed to proceed with various legal…
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Health Care Decisions in Utah – Advance Directives
Who can make health care decisions under Utah law without an advance health care directive? Under the Utah law governing advance health care directives, provisions have been made for circumstances…
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Utah Wills and Estates Attorney
Does a will make the probate process more complicated in Utah? No. Some people mistakenly believe that making a last will and testament will require or will complicate the probate…
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Should I use a quitclaim or warranty deed to transfer property to a living trust in Utah?
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…
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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 laws may dictate that your entire estate will pass to your spouse. For some couples,…