Category - Probate

Utah Law Can Prevent Trust Litigation

March 6, 2018

One of the main reasons people choose to use a trust for their estate planning is the desire to avoid probate (i.e., court proceedings) and thereby preserve privacy.  In the normal course, there is nothing that prevents trust litigation.  Happily, Utah has a law designed to do just that. Let’s first review the fact that […]

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Should you update your trust?

February 14, 2017

If you already have a trust, you should be commended for your wise planning. However, as time passes and laws change, it makes sense to review and update your trust to ensure that it remains consistent with your goals. I spend a significant amount of my time each week reviewing legal documents drafted by other attorneys (and sometimes […]

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variations on a common theme–assets outside a trust

May 9, 2016

A Trust can be compared to a safe, a barn or some other type of protective structure. Each of these protects and preserves only those items within. This is a common theme about which we have written and spoken many times previously. Even so, while answering public inquiries on an internet Listserv earlier today, I was […]

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What is a Living Trust? How is it different from a Testamentary Trust?

June 29, 2015

When and why is a Trust considered “living”? There are many different kinds and flavors of Trusts. Because of the great diversity of Trusts, we utilize different categories and groupings to distinguish certain Trusts from other types of Trusts. Among the most basic distinctions in the world of Trusts is that of a Living Trust […]

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Why Would I Want to Avoid Probate in Utah? (part 3) (estate planning basics)

May 29, 2015

When it comes to our loved ones and our property, most of us would greatly prefer to be in charge and to make our own decisions, rather than leaving control to another person or a court. This is a continuation of the discussion of why you might want to avoid probate. As noted in earlier […]

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Why Would I Want to Avoid Probate in Utah? (part 2) (estate planning basics)

May 23, 2015

When a professional is billing you by the hour, things can get expensive in a hurry. In our last post, we focused on the public nature of probate and noted that fact, by itself, this publicity is often reason enough for people to choose probate avoidance planning methods. By the way, notice that we used […]

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Why Would I Want to Avoid Probate in Utah? (estate planning basics)

May 21, 2015

As a general rule, court proceedings are something to be avoided, for a variety of reasons. Those who follow this blog know that we often include cartoon pictures which are most often intended to be humorous. The picture that accompanies today’s post is no except. To be clear, we are NOTintending to give serious commentary on […]

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Can I Avoid Probate in Utah? (estate planning basics)

May 18, 2015

In some ways, probate can be likened to tooth decay–both are totally preventable with a little care and planning. For a great many people, probate is a dirty and scary word, even though very few of such individuals actually understand probate. Yes, probate generally has a bad name and a bad reputation. Some of this […]

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What is Probate in Utah? (estate planning basics)

May 16, 2015

Probate is a word that is commonly heard, but rarely understood. What is the legal process, mandated and governed by applicable state law (Utah state law in this case), through which the final affairs of a deceased person are administered? Probate is the answer to that question. Under the Utah Uniform Probate Code (see Utah […]

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Am I Required To Serve as Trustee or Personal Representative?

April 27, 2015

You are NOT required to serve as trustee or personal representative of an estate. I was recently contacted by an individual who wanted to know if he was required to serve as trustee of his deceased father’s trust. This person had been approached by a law firm in another state (the state where his father […]

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