Category: Estate Planning
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Utah Adult Guardianships
The following questions and answers relate to adult guardianships in Utah. The answers are not intended to be complete statements of Utah law on guardianships. If you or a loved one…
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Emergency Guardianships in Utah
It is best to plan ahead, to create an estate plan including a durable power of attorney, trust, and other documents that can help avoid the need for an emergency…
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Utah Adult Guardianship Lawyer Salt Lake City
A petition for appointment as guardian must be filed in the Utah probate courts before a guardianship over an adult can be established. A guardianship can be established for an…
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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…
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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…
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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…
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Creditor Claims in Probate
Can creditors claim the entire estate in Utah probate? Under Utah law, creditors have claim against the estate of a decedent if the person died with outstanding debts. However, Utah…
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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)…
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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…
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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,…
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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…
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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…