Estate Planning Without an Attorney
There are many software options that assist with the creation of an estate plan. Trust & Will is one such service, but there are many others. These products service an important need and are...
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Unauthorized Filings with Utah Division of Corporations
The Utah Division of Corporations is a good-faith filing office, which essentially means that almost anyone with a Utah-ID account who logs onto the Division's Business Registration System can file any...
View ArticleTrust Decanting Now Authorized by Statute in Utah
Pursuant to S.B. 206 (2025) - Estate Planning Amendments, Utah became the thirty-seventh state to statutorily authorize decanting a trust. Decant means “[t]o distribute (the assets of an irrevocable...
View ArticlePros and Cons of Utah's Joint Tenancy Presumption Amendments
In the estate planning context, the most important implication of owning property in joint tenancy with another person is the fact that the surviving joint tenant will automatically inherit the...
View ArticleThe Utah Uniform Health Care Decisions Act
In a prior post, I discussed the Utah Advance Health Care Directive Act, which established rules for individuals designating an agent to make health care decisions if they become unable to do so and...
View ArticleSmall Estate Affidavits No Longer Work to Transfer Water Shares
As I discussed in a prior post, most states allow title to certain property to be transferred by sworn affidavit, without the need for any probate court intervention or supervision. Utah is one such...
View ArticlePetition to Construe a Power of Attorney
In a prior post, I discussed Utah's adoption of the Uniform Power of Attorney Act. The Act is still in place but, pursuant to S.B. 79 passed in 2024, has been recodified and now begins with Utah Code...
View ArticleObtaining a Court Order Correcting a Death Certificate
In prior posts, I discussed establishing the fact of a birth or death where there is no birth or death certificate as well as changing a sex designation on a registered birth certificate. This post...
View ArticleFreezing a Financial Account
Financial institutions are permitted to freeze a customer's account if they believe that the account is at risk of being misappropriated or they suspect unauthorized activity. The institution's...
View ArticleNew Form 990 Upload Requirement for Utah Nonprofits
As I discussed in a previous post, the Utah legislature recently removed the requirement that charitable organizations register with the Division of Consumer Protection in order to legally solicit...
View ArticleChanging a Sex Designation on a Registered Birth Certificate
In a prior post from 2022, I discussed Utah Code 26-2-15, which has since been recodified to Utah Code 26B-8-119, pursuant to which a person may petition for a court order establishing the fact, time,...
View ArticleDonations of Closely-Held Business Interests
As I discussed in a prior post, a donation of closely-held stock to a charitable organization can be highly tax efficient because (1) the donor receives a deduction for the fair market value of the...
View ArticleIntroduction to the Utah Advance Health Care Directive Act
Author's Note: I help maintain certain Thomson Reuters Practical Law resources for trusts and estates in Utah, including their Advance Health Care Directive (UT) resource. I recently helped update this...
View ArticleThe Jointly-Owned "Convenience Account"
One common source of controversy in end-of-life planning and estate and trust administration is the existence of a financial account owned jointly by the decedent/contributor and another person who is...
View ArticleOld Expired Entities Can Now Be Reinstated in Utah
On March 13, 2024, Utah's governor signed S.B. 14 - Corporate Dissolution Amendments, which is effective beginning this month. Previously, a business entity that had been administratively dissolved for...
View ArticleUtah Repeals Charitable Solicitation Registration Requirement
As I discussed in a previous post, many states require charitable organizations that solicit money to register before fundraising. Until this month, Utah was included in this group of states where...
View ArticleFiling a BOIR Report for New LLC
The Corporate Transparency Act ("CTA") is now active law, and most new entities formed in 2024 must file a Beneficial Ownership Information Report ("BOIR") identifying their beneficial owners with the...
View ArticleIntroduction to the Corporate Transparency Act
On January 1, 2024, the new federal Corporate Transparency Act will require the vast majority of small U.S. entities to start filing an online report with the Financial Crimes Enforcement Network...
View ArticleSupported Decision Making Agreements
An emerging phrase in the estates and trusts world is that of "supported decision making." The concept of supported decision making is exactly as unremarkable as it sounds and is simply the idea of...
View ArticleProbate Code's One-Year Nonclaim Statute Protects Estates
In Utah, a creditor of an estate must present their claim within one year from the decedent's death or be forever barred. A court-appointed personal representative has the option, but not the...
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