Category: Estate Planning

Modifying an Irrevocable Living Trust

Can an irrevocable living trust be modified in Utah? Most living trusts in Utah are created initially as revocable trusts, meaning that they can be modified, amended, or revoked and…
Estate Planning Tools & Roles

An Overview of the Documents and People Involved Your “estate” includes everything you own: home, car, retirement and investment accounts, checking and savings accounts, furniture, tools, toys, personal items, etc.…
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…
Will, Living Trust, or 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…
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…
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…
Title to Real Estate in a Revocable Trust

How should a home be titled if it is held in a living trust in Utah? Properly funding your Utah living trust is just as important as creating the trust…
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)…
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…
Beneficiary’s Rights to See Trust Documents

If I am the beneficiary of a trust in Utah, am I entitled to see the trust documents? Trustee’s Duty to Inform and Report Under the Utah Uniform Trust Code,…
Wills and Trusts – Married and No Children

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…
Joint Tenancy & Probate in Utah

Can I use a joint tenancy to avoid probate in Utah? The short answer is yes – but there often are better ways to avoid probate. A joint tenancy with…