Articles & Insights

Legal insights and updates from our attorneys.

Estate Planning and Probate

March 1, 2024

Essential Estate Planning Terms: A Guide for Every Adult

Estate planning is an indispensable tool, not solely for the affluent or those contemplating retirement. It is a critical process for every adult, enabling the appointment of guardians for minor...

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Estate Planning and Probate

October 25, 2020

Thirteen Estate Planning Terms You Need to Know

Estate planning—it is an incredibly important tool, not just for the uber wealthy or those thinking about retirement. On the contrary, estate planning is something every adult should do. Estate...

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Estate Planning and Probate

May 20, 2020

THE SECURE ACT: How It Will Affect You and the Beneficiaries of Your Retirement Accounts

On December 20, 2019, President Trump signed the Setting Every Community Up for Retirement Enhancement Act (SECURE Act). The SECURE Act, which is effective January 1, 2020. The Act is the most...

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Estate Planning and Probate

May 6, 2020

Five Common Problems with “DIY” Estate Plans

In light of the current pandemic, many Americans are becoming aware of the importance of creating or updating their estate planning documents. With the extension of some states’ stay in place orders,...

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Estate Planning and Probate

November 17, 2016

Utah’s New Power of Attorney Act

The Utah legislature recently adopted the Uniform Power of Attorney Act (the “Act”).  The Act became effective on May 10, 2016, and makes some significant changes to current Utah law.  With its...

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Estate Planning and Probate

May 24, 2016

New Power of Attorney Law Holds Promise and Risk

Powers of Attorney are powerful and potentially risky documents.  A person signing a power of attorney (the “Principal”) is delegating certain authority listed in the power of attorney to another...

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Estate Planning and Probate

April 16, 2016

Estate and Gift Taxes: How They Work

Many states have taxes designed to get in on the gifting of property during lifetime and at death. Not so in Utah. The Beehive State has no estate or gift tax. However, the federal estate and gift...

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Estate Planning and Probate

June 30, 2015

Probate and Estate Litigation

Despite everyone’s best efforts, sometimes there is a disagreement over the decedent’s estate and final wishes.  Sometimes these arguments are over personal property and  sometimes over sentimental...

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Estate Planning and Probate

June 30, 2015

Pros of a Revocable Living Trust

A trust is an entity (like a corporation) established to hold and manage property. It has its own separate existence apart from the grantor or creator of the trust. Trusts can be established during...

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Estate Planning and Probate

June 25, 2015

Probate FAQs

Q: What is Probate? A: Probate, simply put, is the process of appointing a surrogate (a substitute) to act on behalf of another who cannot act for themselves. For example, when a person dies owning...

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Estate Planning and Probate

June 20, 2015

Advanced Health Care Directive: Preparing for End-of-Life Care

Medical science can keep a person alive almost indefinitely, even when their quality of life has severely deteriorated. For reasons both personal and financial, most opt out of prolonging life under...

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Estate Planning and Probate

June 18, 2015

Paying for Long-term Care

Aging adults sometimes transfer their property outright to children in order to avoid using their life’s earnings on long-term medical care. My advice? Don’t do it. There are a myriad of pitfalls to...

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Estate Planning and Probate

June 15, 2015

Probate: Taking the Fear Out of the Future

Probate, simply put, is the process set up by the legislature and carried out by the court which provides for the transfer and management of the property of a deceased, incapacitated, or minor...

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Estate Planning and Probate

June 13, 2015

Pros of a Revocable Living Trust

A trust is an entity (like a corporation) established to hold and manage property. It has its own separate existence apart from the grantor or creator of the trust. Trusts can be established during...

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Estate Planning and Probate

June 12, 2015

Different Kinds of Wills Explained

A will is simply a written directive to the probate court as to how property is to be distributed at death, who should be the personal representative (previously called an executor) to manage the...

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Estate Planning and Probate

June 10, 2015

An Overview of Asset Protection Planning

Asset protection planning is like insurance. You can structure your affairs so that many of your assets are much more difficult to reach by potential creditors. Most asset protection planning...

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Estate Planning and Probate

June 5, 2015

A Guide to Adoption

Adoption is the process of changing the legal parent of a child. The process usually involves petitioning the court for approval of the adoption, obtaining consent from all necessary parties,...

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