Category: Estate Planning
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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. A living trust is not a substitute for a will. Instead, these two important estate planning documents can work together to help avoid probate and to help ensure that your estate will be distributed according…
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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 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
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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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Is it OK if I don’t make a will in Utah?
As far as its effect on you personally, there are not many consequences for failing to leave a last will and testament when you die in Utah. But it can leave a big mess for people you care about. If you meet ALL of the following conditions, there is a chance that you might be…
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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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Inheritance and Drug Addiction – Utah Estate Planning Issues
Is it safe to leave an inheritance to my son/daughter who is struggling with alcohol/drug addiction? I don’t want to leave him/her out of my will, but I also don’t trust him/her to use an inheritance wisely. If you have a child who is struggling with addiction, one of the last things you may want…
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Death Certificates in Utah Probate Cases
Am I required to file a death certificate in a Utah probate case? You may encounter information online regarding the Utah probate process that suggests that a death certificate is always required in a Utah probate case. While it is true that a death certificate is by far the most common method of proving death…
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Inheritance by Ex-Spouse in Utah
A review and modification of existing estate planning documents or the creation of a new estate plan is strongly recommended following a divorce. Often, it is advisable to revise an estate plan even before a divorce is final. Such revisions can be important not only for the couple who is divorcing, but also for parents,…
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Avoiding Probate – Use Caution – Joint Tenancy
Can I use a joint tenancy to avoid probate in Utah? Short Answer: Maybe, but there are better methods of avoiding probate. To identify the best way of avoiding probate for your specific circumstances, consultation with an estate planning attorney is strongly advised “Joint tenancy” describes a manner of holding title to (owning) real property…
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Witnesses to a Will in Utah
When a person’s last will and testament is subject to a contested probate in the Utah court system, the authenticity or validity of a will must be shown. If a document purporting to be the person’s last will and testament is shown to be invalid or fraudulent, the estate may be required to pass under…