Category: Estate Planning
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Estate Planning Terms and Definitions
Understanding key terms and concepts involved in the estate planning process is an important part of establishing a personalized estate plan. The following are general definitions and information about legal terminology involved in the estate planning and probate processes. For more information, for assistance in understanding various estate planning tools, and for help in creating…
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Will – Living Trust – Both
If I have a living trust in Utah, do I still need a will? A living trust (sometimes referred to as a “family trust” or “revocable trust”) can be a powerful and versatile estate planning tool. But a living trust is not a substitute for a will. Both a will and a trust can serve…
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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 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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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 person who does not witness the actual signing of the will if the testator acknowledges to the witness that the signature on the will is…
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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) in Utah cannot be done by using a power of attorney if the person who granted the power of attorney has died. Under Utah law,…
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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 blood” (i.e., they share one parent, but not both) is entitled to receive an inheritance in the same manner as if they had been “of…
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Wills and Trusts in Utah Estates
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 dictate that your entire estate will pass to your spouse. Even if this outcome matches your intent, it may create a need to file…
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Davis County Living Trusts Lawyer
in TrustsA 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 avoid probate and to help ensure that your estate will be distributed according to your wishes and without unnecessary complications. A trust does not replace…
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Last Will – Living Will – Living Trust
in WillsThe 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 might lead someone to think that they have similar meanings. But each of these documents can play a very different (and very important) role in…
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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 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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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 person will be responsible for managing the trust estate appropriately after your death – and possibly even during your lifetime. There are a variety of…
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The “Planning” Part of Estate Planning in Utah
“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…