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Category Archives: Basic Estate Planning Information
Estate of Heater
In Estate of Heater, 2020 UT App. 70 (Utah App. 2020), the Utah Court of Appeals held that the biological son of the decedent was one of the decedent’s intestate heirs, even though the son’s mother was married to another … Continue reading
Divorce & Estate Planning in Utah
As a general principle, in Utah, when a person gets divorced, provisions for his or her former spouse in his or her estate plan are automatically revoked, by operation of law. Utah Code §75-2-804 provides that all revocable gifts made … Continue reading
Funding a Revocable Trust in Utah
A revocable trust offers two potential benefits: (1) it avoids the need for a probate upon death; and (2) it avoids the need for a conservatorship in the event of incapacity. (For a discussion of probate in Utah, see “Basic … Continue reading
Will Contests in Utah
A will contest (or a contest of a revocable trust) is a legal challenge to the validity of an estate plan. If the contest is successful, the contested estate plan is invalidated, and the estate assets are distributed as if … Continue reading
How Often Should I Update My Estate Plan?
In general, you should review your estate plan with your estate planning attorney whenever you experience (a) a significant change in your family or marital situation, (b) a substantial change in your net worth, or (c) a substantial change in … Continue reading
Avoiding Probate in Utah
As a general principle, there are four ways to avoid probate in Utah: (1) An asset that is held in the decedent’s revocable trust is not subject to probate. (2) An asset that is held in joint tenancy is not … Continue reading
Do I Need a Revocable Trust in Utah?
A revocable trust is used to avoid probate. As described in the preceding blog post, probate in Utah is not as cumbersome as it is in some other states. In Utah, a petition for informal probate can be approved by … Continue reading
Probate in Utah
Probate is a court-supervised process by which a decedent’s assets are distributed to the persons who are entitled to them (both estate beneficiaries and creditors of the decedent), and by which those persons obtain clean title to the property. Historically, … Continue reading
What a Revocable Trust Does – and Does Not Do
There are really just two reasons to have a revocable trust instead of a traditional will. First, a fully-funded revocable trust eliminates the need for a probate of one’s assets upon death. Second, a fully-funded revocable trust eliminates the need … Continue reading
2012 Gifting Opportunities
The following discussion is for general informational purposes only. The estate planning techniques described below should not be undertaken without consultation with your estate planning attorney. What estate tax-savings opportunities exist in 2012? In 2012 the per person estate and … Continue reading