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) in Utah cannot be done by using a power of attorney if the person who granted the power of attorney has died. Under Utah law, a power of attorney (even a “durable power of attorney”) ceases to be effective upon the death of the person who gave the power of attorney.
People asking this question are often looking for a way to transfer title to a piece of real property without having to go through a probate court proceeding. If a person owns a home or other real property in Utah, avoiding probate will require some advance planning.
Although there are a number of possible methods for avoiding probate, the safest and most effective method for most people will be the establishment of a revocable inter vivos — a living trust.
A trust can be simple or complex. For most people, a simple family trust can be set up that will meet their needs. The costs associated with setting up a living trust for you and your family can actually be less than the costs of going through probate might be.
For more information on Utah living trusts and other estate planning issues, contact us today to schedule a consultation with Utah estate planning attorney Stephen Howard.