Category: Estate Planning

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…
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. These two estate planning tools can function together to help…
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…
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…
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…
The “Planning” Part

You have to do it ahead of time. “Planning” is the most important element of the estate planning process. It cannot be done after the fact. It has to be…
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…
Probate with No Will in Utah

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…
Inheritance and Drug Addiction

Estate planning when addiction or drug use is a concern. Question: Is it safe to leave an inheritance to my son/daughter who is struggling with alcohol/drug addiction? I don’t want…
Death Certificate Alternatives in Utah Probate

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…
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…