Will Attorneys Serving Utah

What Is a Last Will & Testament?

A Last Will and Testament, most often referred to as a will, is a legal document that outlines one’s wishes regarding assets and property and also assigns one or more persons to manage the estate, upon one’s death.

When a person dies with a will, this becomes a public document and a hearing is held on whether the Will should be followed. Some wills are contested, and law school textbooks are full of the examples of how and why these documents are fought, challenged, and the inheritance spent, all in court battles over language, terminology, and enforceability. It is important to make sure your will is clear and legally sound, to prevent any future disputes.

For experienced help in drafting, reviewing, or editing a will, call (800) 265-2314. Pearson Butler serves clients across Utah in all areas of estate planning.

Dying Without a Will

When an adult dies without a will, he or she is said to have died “intestate.” The courts and not the person’s surviving loved ones will determine how property is divided, based on the intestate succession laws of the state in which the person lived.

The following intestate succession laws apply in Utah:

• If you have a spouse and no children, or your children are shared with your surviving spouse, your surviving spouse will inherit everything.
• If you have children but no spouse, your children will inherit everything.
• If you have a spouse and children from you and someone other than your spouse, your spouse will inherit the first $75,000, plus half of the balance, and your children will inherit everything else.
• If you have parents but no spouse or descendants, your parents will inherit everything.
• If you have siblings but no descendants or parents, your siblings will inherit everything.

Benefits of Having a Will

Having a last will and testament offers several important benefits:

• Distribution of Assets: A will allows you to specify how your assets (money, property, investments) should be distributed after your death. This ensures that your belongings are distributed according to your wishes rather than through default legal procedures.
• Guardianship for Minor Children: If you have minor children, a will allows you to designate a guardian of your choice. This is crucial for ensuring that your children are cared for by someone you trust in the event of your death.
• Executor Appointment: You can appoint an executor in your will who will manage your estate, handle the distribution of assets, and fulfill your final wishes. This simplifies the probate process and ensures that your estate is managed according to your instructions.
• Avoiding Intestacy Laws: Without a will, your estate will be distributed according to the intestacy laws of your state or country. This may not align with your wishes and could lead to disputes among family members.
• Minimize Family Disputes: Clear instructions in a will can help minimize conflicts and disputes among family members regarding your estate and belongings.
• Tax Planning: A will can include provisions aimed at minimizing taxes on your estate, potentially saving your beneficiaries from unnecessary tax burdens.
• Peace of Mind: Having a will provides peace of mind, knowing that you have made arrangements for the future and that your loved ones will be taken care of according to your wishes.

Take All Appropriate Measures to Protect Your Wishes & Assets

A comprehensive estate plan drafted by a skilled attorney may do far more for your family than just a Last Will and Testament. With a trust, for example, you may be able to avoid probate, avoid the courts, and avoid public records – most of the costly issues that come up when you leave your estate to the courts. The team of experienced Utah estate planning attorneys at Pearson Butler can talk to you not only about a will but about every option available to you in preserving your assets, carrying out your wishes, and protecting your loved ones.

We can assist you in establishing or modifying your will in the following ways:

• Legal Expertise: Our firm provides expert legal advice tailored to your specific circumstances. We can explain the legal requirements for creating a valid will, ensuring that all necessary elements are included to avoid potential challenges in the future.
• Customization: We work closely with you to understand your wishes and intentions. Whether you are creating a new will or modifying an existing one, we ensure that your document accurately reflects your desires regarding asset distribution, guardianship of minor children, and other important matters.
• Complex Situations: If your estate is complex or involves special considerations (such as business interests, multiple properties, or blended families), our team can offer guidance on structuring your will to address these complexities effectively.
• Updates and Amendments: Life circumstances change, and your will should reflect these changes. We can help you update or amend your will as needed, ensuring that it remains current and legally binding.

Call (800) 265-2314 today to schedule your consultation. Pearson Butler serves all of Utah.