Category: Estate Planning
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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
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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
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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
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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
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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
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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…
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Using a Last Will and Testament in Utah
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One of the foundational documents in any good Utah estate plan is a last will and testament (commonly referred to simply as a “will”). Following are several issues to consider as you prepare to meet with your estate planning attorney. This list is not comprehensive, and your attorney will likely have additional questions designed to…
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Family Member as Witness to a Will
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Can a family member act as a witness to a last will and testament in Utah? The short answer is yes, but think twice (or three times, or four) before doing it. This page provides general information on eligible witnesses to a will in Utah. If you are considering executing a will or creating other…
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Witnessing a Will in Utah
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Executing a last will and testament is an important part of establishing a comprehensive estate plan. Ensuring that the will is valid under Utah law is just as important as deciding what provisions should be included in the will. The number of witnesses required to make a will valid will depend on how the will…
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Living Trusts Attorney in Davis County
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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…