Does a world exist where people can avoid both probate and estate planning attorneys? Absolutely. All it takes to avoid complex legal documents (even the “simplified” ones found online) and probate court is a little elbow grease and patience. To avoid probate, one simply needs to make non-testame...
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Intestate Succession, Part II: Everyone but the Spouse
Click here for Intestate Succession, Part I: The Surviving Spouse Families come in all shapes and sizes. Nearly every client that walks through my door has a story about how their family is made up that necessitates extra thought and attention. That said, there is no way to outline intestate succ...
Intestate Succession, Part I: The Surviving Spouse
You are technically right: You don't need an estate plan. If you die without one, your property may get tied up for a while, but state law has cumbersome processes in place that should eventually get property distributed from your estate. However, who your heirs are (and if they get anything) are...
Electronic Signatures on Wills
Signing a will in Utah has always involved a sort of ceremony to ensure that the testator's wishes are properly memorialized. Sometimes getting the testator, the attorney, two witnesses, the notary, and ofttimes an assistant into the same room proves to be a logistical hassle, which has only been...
Which is Better: a Will or a Trust?
As soon as someone hears that I am an estate planner, the first question is always: “So which one should I get: a will or a trust?” In truth, the two shouldn't be pitted against each other, as a good estate plan will likely utilize both – regardless of the size of someone's estate. Yet there seem...