Category Archives: Basic Estate Planning Information

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

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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

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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

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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

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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

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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

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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

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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

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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

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Values-based Estate Planning

Values-based estate planning is an approach to estate planning that builds your values and priorities into your estate plan.  It does not focus only on transferring wealth and saving taxes.  A values-based estate plan sends a message to future generations … Continue reading

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