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Blogs on Estate Planning

Estate Planning

The Role of a Power of Attorney in Financial and Health Care Protection

Imagine you are driving down 500 South here in Bountiful, on your way to Lakeview Hospital for a routine check-up, when the unexpected happens. An accident or sudden illness can change everything in an instant. If you became unable to speak for yourself, who would pay your mortgage? Who would tell the doctors what medical

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What Happens If Someone Dies Without a Will?

What Happens to My Possessions if I Pass Away Without a Will? When an individual dies without having prepared a valid last will and testament, the distribution of their property does not occur randomly. Instead, a specific legal framework, known as intestate succession, dictates precisely how their estate will be divided. In Utah, these regulations

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How Can You Prevent a Trust from Being Contested in Estate Litigation?

Creating a trust is one of the most powerful ways to protect your assets and ensure your wishes are honored after you pass. In Utah, trusts offer the advantage of avoiding probate, maintaining privacy, and streamlining how your estate is handled. A trust alone doesn’t guarantee peace. Family members or others may still try to

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Can a Guardian or Conservator Be Removed for Mismanagement?

Removing a Guardian or Conservator for Mismanagement in Utah When a loved one cannot care for themselves, the court may appoint a guardian or conservator. These individuals are trusted with primary responsibilities, making decisions about health, finances, and daily life on behalf of another person, often referred to as a protected person. But what happens

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What Are the Differences Between a Guardianship and a Conservatorship?

What is a Guardianship? A guardianship is a legal arrangement in which an individual is proven to lack the capacity to make daily decisions for their care. A guardianship could be enacted for adults who become incapacitated, minors who lose their parents, and for special needs individuals as an element in special needs planning. In

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Signing paperwork with lawyer

How Can Estate Litigation Be Avoided Through Proper Planning and Communication?

What is Probate Litigation and Estate Litigation? While it is true that having a comprehensive estate plan, including potentially both a will and trust, can simplify probate proceedings and reduce the chances of probate or estate litigation, it does not remove the risk entirely. Even those who have estate plans may still face situations that

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