Frequently Asked Questions

Questions

How do you think the Court will rule in my case?
How long is a power of attorney valid?
My friends tell me that I need a trust to avoid probate and all of the costs, delay and problems involving probate. Do I?
What is a Living Trust?
What is a power of attorney?

Answers

How do you think the Court will rule in my case?
It is always important that you be given at each stage of the case what we then know to be the issues and the law that the trial Court will ultimately be called upon to determine.  However, until we have received necessary information both from you, from the opposing party and from other persons who have relevant information regarding the dispute in question, we generally are not able to give an informed answer to that question.  However, as the case proceeds and the necessary information is gathered we will be able to apply the law to that gathered information and then will answer that question in a manner and at a time it can be understood and best used by you in proceeding to a final resolution of your case.

 
How long is a power of attorney valid?
A power of attorney is valid until the time or event stated in the power-of-attorney document for its expiration, until it is revoked by the person granting the power, or until the death of the person granting the power.

 
My friends tell me that I need a trust to avoid probate and all of the costs, delay and problems involving probate. Do I?
If your assets have value which will not result in an estate tax, and if you don’t have real property or other assets in other states, you may not need a trust.  In Utah, except in rare circumstances, even if a probate is required, it can often be handled quickly and for less money than it would have cost to avoid probate in the first place. 

 
What is a Living Trust?
A Living Trust, which is sometimes called an Intervivos Trust, is an alternative way to own property during your life and to transfer the property at your death. You can create a Living Trust during your lifetime by signing a legal document that directs how property transferred to the Trust by you will be managed during your lifetime, when and to whom the income from the property will be paid, and to whom, when, and how the trust property will be distributed when you die. A person setting up a trust is either called a grantor, settler, or trustor of the trust, while the person to whom you transfer your property is called the trustee. The persons who will receive the income during your lifetime or who will receive the trust property after your death are called the beneficiaries. You may be the settlor, the trustee, and the beneficiary all at the same time. The property in the Trust is called the trust principal.

 
What is a power of attorney?
A power of attorney is a legal document that allows someone else to act on your behalf in matters you specify in the power of attorney document.