What’s the Law on Inheritance Without a Will?

law inheritance

Most people have heard of a last will and testament, which is a legal document that provides instructions for the estate administration of a deceased person’s assets and property. However, when someone dies without a will, it can be difficult for the family to determine how the estate will be distributed. Fortunately, there are inheritance…

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Common Questions about Divorces in Utah

Divorces in Utah

Getting divorced from your spouse is never an easy process. On top of filing paperwork and necessary attorney fees, the emotional distress that divorcing parties go through constitutes the unquantifiable cost of a divorce. Whether or not you have children, opting for the dissolution of a marriage and getting a divorce is difficult. What are…

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Five Questions to Ask When Making a Will

Making a Will

Creating a will and naming heirs are scenarios that are not limited to the movies. They involve an actual legal document that must follow relevant estate law. Drafting wills, estate planning, and estate administration are matters that you should take very seriously. Below are five questions to ask when writing a will: 1) Why do…

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Termination of Parental Rights in Utah

parental rights

Being a parent isn’t easy, and it comes with legal rights and responsibilities to your children. However, there are instances when a parent can’t provide for their child’s needs. Under such circumstances, it may be in the best interest of the child to terminate the parental rights of their irresponsible guardian. Termination of parental rights…

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No, seriously, if you sit on your rights, you stand to lose them

Partnerships

It is always frustrating to try and help a client who has come to me (the attorney) for help after there have been significant negative events happening in their situation without responding or mitigating the damage.  A client may come consult with me, I explain what needs to happen, they don’t do anything to protect…

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“Common Law” marriage in Utah

Will Contests

At times the issue of common law marriage arises in the context of divorcing parties, or separating parties, or those who need to establish a legal marriage relationship.  Utah law on the subject is as follows:  30-1-4.5.   Validity of marriage not solemnized. (1) A marriage which is not solemnized according to this chapter shall be legal…

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The connection between child support and visitation/parent time: there is none

In Utah, as I imagine it is in most states, child support and visitation are not connected.  In other words, just because a parent doesn’t pay court-ordered child support doesn’t mean the non-paying parent doesn’t get visitation with the children.  In other words, not receiving child support that you are owed is not a legal…

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Utah Divorce 90 Day Waiting Period Loophole Closed

In the 2012 legislative session, the Utah legislature passed a law that closed the loophole to the 90 day waiting period to obtain a divorce. The law for some time has been that there is a 90 day waiting period from the date of filing a divorce to the date the divorce can be granted.…

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Why mediations fail

meditation lawyer

I was attending a continuing legal education seminar the other day entitled, “Domestic Mediation: Who, What, Where, When, Why?,” presented by a local attorney master mediator whom I really respect.  One of the topics covered was the question, “Why Mediations Fail?”  Here are the points that were made: The parties are not yet ready to…

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