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

Creating 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.