ProvenLaw, PLLC

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While you could create a will and trust yourself, you’ll need to know how to form them independently. This gets complicated if you have a lot of assets and properties to protect and distribute. It’s a good idea to hire an estate attorney experienced in creating wills and trusts. An attorney can walk you through creating the will or trust and advise on distribution methods and discuss any potential disagreements.

Wills are commonly understood as documents that instruct how to distribute your assets and belongings after you're gone, however they provide a lot more value and function than most people realize. They can also provide clear instructions regarding care for your children and what to do if you can no longer care for yourself.

Utah law allows the transfer of four or less vehicles after someone has died without triggering a probate of their estate.

You should likely hold title jointly with yourself individually and your trust. You need the original title for your vehicle, Form TC-656, $10 money order (if mailing your application to the DMV), and a copy of the Certificate of Trust for your trust.

When you own more than 4 boats, motor vehicles, trailers, semitrailers, or any other vehicle with a title (RV, ATV, motorcycle, etc.).

While unavoidable, passing of loved ones is difficult enough. Adding on the headache of probate is not only exhausting, but also avoidable. One of the biggest benefits of an Estate Plan is knowing that everything is taken care of and the work has already been done to ensure the estate is taken care of.

Unfortunately, when a person dies without a valid Will or estate plan in Utah, they are considered to have died “intestate.” Utah is one of the many states within the U.S that has enacted the Uniform Probate Code — intestate succession, which is a predetermined method for the distribution of the decedent’s estate.

Probate isn't a bad thing, however it may not yield the results you intended. Estate planning offers tools that not only allow you to avoid probate, but decide exactly what happens to all of your money, assets, and belongings after you're gone.

All estates are subject to probate without a valid and specific estate plan in place.

An irrevocable trust cannot be altered, changed, modified, or revoked once it’s created. Once you transfer your assets to the trust, no one, including you, can take the property out. A revocable trust is created during your lifetime. It can be altered, changed, modified, or revoked. A revocable trust generally turns into an irrevocable trust upon your death.

The short answer is everyone should have an estate plan and our attorneys can help you understand why it would be important in your specific situation. The future is uncertain and you shouldn't let the state decide how your family and assets are taken care of, you should decide that now and create a plan.

Probate laws establish a procedure for distributing someone’s assets after they pass away. If the deceased pursued estate planning before they died, legally recognized instructions would be in place that a designated personal representative will execute by working with an estate attorney. In many instances, this is a probate lawyer or estate planning attorney. If there is no will, the situation can get complicated. A court will appoint someone as a personal representative of the estate. Unless someone was previously nominated as personal representative by the deceased, courts tend to nominate the closest living adult relatives as personal representative.

Any time you gain or lose an asset, or make any changes to anything included in your estate plan, you should be updating your estate plan. Barring any major changes, you should update your estate plan every 3 years.

Power of Attorney allows a designated person to have authority over another person's finances. This becomes important when a person no longer has capacity to take care of their own finances and needs someone who they trust to step in and help.

An advance health care directive includes what is sometimes called a “Living Will.” A Living Will is where people can make decisions about their end-of-life care. In broad terms, the three available options include: 1. To prolong life as long as possible within the constraints of what are considered generally accepted health care standards. 2. To not receive care to lengthen life (while still receiving care to make one comfortable). 3. Or to let the agent decide on these matters should the time come. End-of-life decisions could be difficult for family members and loved ones, even if an advance health care directive is given. Discussing your wishes with an agent and your loved ones before a crisis can help make matters easier for everyone involved. .

A will is a legal document instructing how you want your financial and material assets to be distributed after your death. A trust is a legal entity created to protect those assets.