Category: Attorney Utah
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How long can I wait to file a probate action in Utah?
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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 within that three-year period or Utah probate law (UCA 75-3-107) requires a presumption of intestacy that is mandatory and final. If a probate action is…
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Does Utah law require that a power of attorney be notarized?
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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 under Utah’s Uniform Power of Attorney Act is established in Utah Code 75-9-105. Subsection (1) states that a power of attorney “shall be signed .…
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Utah Code – Historical Legal Research
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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 as 2006. As of 2021, this is eight years better than the official Utah Legislature pages that only go to 2014. There are pros and…
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One Job – Follow the Constitution
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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 from each state, in the presence of both the Senate and the House of Representatives.
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The “Planning” Part of Estate Planning in Utah
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“Planning” is the most important element of the estate planning process. It cannot be done after the fact. It has to be done before it is needed. Wait too long and you may be too late. Estate planning does not have to be painful. There are many things to consider when putting together an estate…
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Probate with No Will in Utah
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Filing probate with no will in Utah can be more complicated than a probate involving a valid will. Taking advanced steps to avoid probate entirely is often a better course of action.
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Stalking Injunction – Burden of Proof
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The process of obtaining a civil stalking injunction in Utah can involve formal evidentiary hearings with the presentation of witness testimony and other evidence. Depending on the procedural status of the case, the burden of proof can rest with either the petitioner or the respondent. Utah Code Section 77-3a-101 explains the circumstances under which each…