Category: Estate Planning
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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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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,…
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Do I need a will in Utah if I am married and have children?
If you are married, and if all of your children are also children of your spouse, and if you your spouse does not predecease you, then Utah intestate succession laws…
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Do I need a will in Utah if I am not married and have no children?
If a person who is unmarried and has no children dies without a will, Utah’s intestate succession laws dictate that his entire estate will pass to his closest heirs. The estate…
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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…
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How many witnesses are required for a will in Utah?
A last will and testament will be considered valid if it is signed by the testator as well as two witnesses. The witness need only be generally competent to act…
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Is an ex-spouse entitled to inherit in Utah if there is no will?
When a person dies in Utah without a will, then the person is considered to have died “intestate” and the person’s distribution of that person’s assets is determined under the…
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Special Needs Trusts Lawyer in Utah
A special needs trust can be created through a living trust or as a testamentary trust created through a last will and testament. When established and managed correctly, a special…