Utah Lawyer Stephen Howard
Call Utah Estate Planning Attorney
Call Utah Wills Trusts Lawyer
Utah Attorney Stephen W. Howard - Call 801-449-1409
Estate Planning Solutions Start HereSM
Utah Attorney Stephen Howard - Canyons Law Group

Estate Planning Solutions Start HereSM
Attorney for Last Will and Testament in UtahUtah Family Trust LawyerUtah Advance Health Care Directive Salt Lake Davis WeberUtah Guardianship Attorney Salt Lake Weber DavisUtah Attorney for Revocable Living TrustsUtah Estate Planning Attorneys Salt Lake Davis WeberUtah Probate Attorneys Salt Lake Weber DavisUtah Family Law Attorney Salt Lake Davis Weber

Terms & Definitions - I-J

Alphabetical Listing of Utah Estate Planning Terms

A, B-C, D, E-F, G-H, I-J, K-Q, R-S, T-Z

Incapacitated Person: an adult who lacks sufficient understanding or ability to make or communicate responsible decisions, by reason of mental deficiency, mental illness, physical illness or disability, or chronic use alcohol or drugs. Under Utah probate law, such a person may be made a ward under a guardianship or conservatorship proceeding. Actions to appoint a guardian or conservator for incapacitated persons in Utah are handled through the probate courts.

Informal Proceedings: refers to actions under the Utah probate code which are conducted without notice to interested persons and by an officer of the court acting as registrar to probate a will and/or appoint a personal representative. Informal proceedings are not available under Utah probate in situations where a will is contested, or in intestacy proceedings when no will was made.

Interested Person: includes children, spouses, creditors, beneficiaries, heirs, devisees, and any others having a property right or claim against a trust estate or the estate of a decedent, ward, or protected person. Under Utah probate law, this term may also include persons having a priority for appointment as personal representative, other fiduciaries represented interested persons, or a settlor of a trust, or the trust settlor's legal representative if the settlor is living but incapacitated.

Inter Vivos Trust: an "inter vivos" trust is one which is established by the grantor/trustor during his or her lifetime. Contrast this term with a "testamentary" trust, which is created by a person's will and only becomes effective at the person's death. In Utah, an inter vivos trust is more commonly referred to as a "living trust." Inter vivos trusts can play an important role in avoiding the probate process in Utah. An inter vivos trust can provide more flexibility than a simple will, and can also provide certain protections to the grantor during his or her lifetime.

Intestate Succession: refers to the transfer of property from an estate when no will has been made, and the division of property is made under the terms of the Utah probate code rather than according to the wishes of the decedent. Utah's intestacy laws generally provide that property will pass to a spouse or children if such survive the decedent. If there is no surviving child or spouse, other relatives may be entitled to receive the property of the estate. Even if a person has made statements regarding how their estate should be divided upon their death, those wishes may not be followed by a Utah probate court unless those wishes have been formalized in a will or holographic will.

Issue: Under the Utah probate code, the term 'issue' is defined as having the same meaning as the term 'descendant." A person's issue includes all descendants of all generations who have a relationship of parent and child (i.e., children, grandchildren, great-grandchildren, etc.). See also, descendant.

Adopted children or grandchildren are treated equally with biological children or grandchildren, and would legally be considered "issue" under Utah law. A step-child or step-grandchild is not considered "issue" has no standing to inherit under Utah law, unless a will or trust makes specific provision to the contrary.

Joint Tenancy or Joint Tenancy with Right of Survivorship: a form of joint ownership in which each individual has an equal and undivided interest in the property or asset. Under Utah law, on the death of one of the joint tenants, that person's interest in the property immediately passes to the surviving tenant. As a Utah estate planning tool, joint tenancy may help to avoid probate in some circumstances. However, a joint tenancy will not avoid probate for the surviving tenant, nor will it avoid probate in the event of the simultaneous death of both joint tenants. While a joint tenancy is a useful estate planning tool, there may be better ways to avoid probate in Utah. As a general rule, it is safest to use a joint tenancy with right of survivorship only between spouses. If you are considering taking title as joint tenants in other circumstances, consultation with an attorney is strongly advised.

Finding an Estate Planning Attorney in Utah

Utah Wills Trusts & Estate Planning Attorney Salt LakeCreating an estate plan that fits your individual and family needs and circumstances requires more than just downloadable will and trust forms. An effective estate plan must be customized to meet your long-term and short-term goals. We meet individually with clients, taking time to understand what they want to accomplish through the estate planning process. A living trust, last will and testament, durable power of attorney, and advance health care directive are estate planning tools that can play important roles in a comprehensive estate plan. Contact us today to see how we can help you.

Best Rating
Make a Payment to Your Account
Contact a Lawyer
** All fields are required. **
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

Best Rating

Estate Planning Attorney Wills & Trusts Estate Planning - Setting up a good estate plan requires more than filling out a free online form or downloading software. But a good estate plan does not have to be overly expensive. A good attorney can guide you through the process of determining what estate planning tools are right for you and your family, and then create personalized estate planning documents to protect you and your family, and give you the peace of mind you deserve. Contact us today to start the process of setting up a personalized estate plan.

Estate Planning »
Criminal Defense Lawyer UtahCriminal Defense - A criminal conviction can carry serious consequences. If you are facing criminal prosecution in Utah, the assistance of an experienced criminal defense attorney can give you the best chance of raising a successful defense. Stephen Howard has years of experience successfully defending serious criminal charges ranging from capital murder to DUI. Contact us today to see what the right attorney can do for you.

Criminal Defense »
Utah Family Law Attorney Family Law - The legal issues involved in Utah family law cases are some of the most important and personal issues you may ever face. Whether you are facing divorce, trying to obtain guardianship for a loved one, making plans to adopt, addressing child custody, support, alimony, or other legal matters relating to your family, choosing the right attorney to help you is a critical decision. Contact us to get the help you need.

Family Law »
Injury and Accident Attorney in Utah Accidents & Injuries - An accident can severly affect your ability to work, your ability to care for and support your family. Injuries can leave you with life-long pain and disabilities. If you have been seriously injured or have been in an accident that was not your fault, you need an attorney who can help ensure that your rights are protected and that you receive compensation you are entitled to. Call now for an initial consultation.

Accidents & Injuries »
Home | Utah Legal Resources | Faq | Utah Estate Planning | Utah Criminal Defense | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, Morgan, and Wasatch Counties - and all of Utah.

Stephen W. Howard is Utah attorney, practicing as part of the Canyons Law Group, LLC.
With offices in Salt Lake and Davis Counties, we are pleased to provide legal services to clients throughout Utah.
Call 801-449-1409 to arrange for a confidential initial consultation.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials or information in this site does not create an attorney-client relationship. Read Full Disclaimer.