by Stephen Howard | Dec 16, 2024 | Estate Planning - Wills & Trusts
Question: My nephew is a beneficiary of the trust my parents set up before they died. He is asking for an early distribution from the trust so that he can pay off some significant medical bills. I am the trustee. Should I make the distribution? Short Answer:...
by Stephen Howard | Nov 18, 2024 | Estate Planning - Wills & Trusts
Can an interested party act as a witness to a will in Utah? Section 75-2-505 of the Utah Uniform Probate Code provides that any person who is generally competent to act as a witness can serve as a witness to a will. This may seem like circular reasoning –...
by Megan Fowles | Sep 6, 2024 | Estate Planning - Wills & Trusts
What is a Durable Power of Attorney A Durable Power of Attorney (DPOA) is a legal document that lets you give someone you trust, the agent, the power to make decisions on your behalf, even if you become incapacitated. You, as the principal, decide how much authority...
by Megan Fowles | Sep 6, 2024 | Estate Planning - Wills & Trusts
What Is an Advance Health Care Directive (AHCD)? An Advance Health Care Directive combines two key legal tools: A Living Will – This document spells out your preferences for medical treatment if you’re in a terminal condition or permanently unconscious. Medical...
by Benjamin Keller | Aug 18, 2024 | Estate Planning - Wills & Trusts
While a living trust and a testamentary trust can perform many of the same functions, they do have key differences. A living trust is created during the grantor’s lifetime and can be used immediately to hold and manage assets on behalf of designated beneficiaries. A...
by Stephen Howard | Aug 2, 2024 | Estate Planning - Wills & Trusts
What happens if I waive the notice requirement in a probate case? By default, Utah courts require that notice be sent from the court to interested parties (heirs, beneficiaries, family, creditors, etc.) when a probate action is filed and when certain actions are taken...