South Jordan Wills Attorneys

What is a Will and a Living Will?

There are two types of documents that can be used to provide instructions upon your death or incapacity, including:

• A last will and testament, which provides instructions and details as to how you want your estate to be handled upon your death. This document does not go into effect until you pass away when it is filed with the probate court.
• A living will, which goes into effect should you become mentally or physically incapacitated and unable to make decisions for yourself. This document can name someone to act on your behalf and carry out your wishes as to how you want to be medically treated.

What Should Be Included in a Will?

A properly drafted will should cover several key elements to ensure your wishes are honored after your passing. These elements typically include:

• Personal Information: The will should include your full name, address, and a statement declaring that the document represents your final will and testament.
• Appointment of Executor: The executor is the individual responsible for overseeing the administration of your estate after your death. This includes gathering assets, paying debts, and distributing property according to your wishes.
• Distribution of Assets: A will outlines how your property, assets, and belongings should be distributed among your beneficiaries.
• Guardianship of Minor Children: If you have minor children, it is essential to name a guardian to care for them if both parents pass away. This can be one of the most important decisions in your will.
• Specific Bequests: You may want to leave certain items or sums of money to specific individuals or organizations. These are called bequests or legacies. Bequests can be as detailed as you like, specifying particular items like jewelry, artwork, or collections.
• Trusts: A will can also establish trusts, which allow you to provide for beneficiaries over time rather than in a lump sum. Trusts can help manage assets for minor children, protect beneficiaries with special needs, or minimize estate taxes. A South Jordan wills lawyer can advise you on whether setting up a trust is appropriate for your situation.
• Funeral Arrangements: While a will isn’t typically the place to dictate detailed funeral plans, you can include basic wishes for your funeral or memorial service. This can include preferences regarding burial or cremation, a desired type of service, and any other special requests you may have.

A South Jordan wills attorney can help you draft a comprehensive will that includes all necessary elements, ensuring that your estate is handled in accordance with your wishes.

What are The Legal Requirements for a Valid Will in Utah?

For a will to be legally valid in Utah, it must meet certain requirements:

• You must be at least 18 years old and of sound mind to create a valid will. 
• A will must be in writing, either typed or handwritten. Oral wills (verbal statements) are generally not recognized by Utah law, unless under specific circumstances such as being made during imminent danger of death.
• Utah requires that a will be signed by two witnesses who are present at the same time. These witnesses must also sign the will, confirming that you were of sound mind and voluntarily signing the document. The witnesses should not be beneficiaries of the will, as this could create conflicts of interest and invalidate parts of the will.
• You must sign the will at the end of the document.

A South Jordan wills lawyer can help ensure that your will meets all legal requirements and is properly executed.

When to Update Your Will?

Life events can change your circumstances, making it important to update your will periodically. You may need to revise your will if you get divorced, if you have new family members such as grandchildren, if you acquire significant new assets, or if someone named in your will passes away.

A South Jordan wills attorney can help you make changes to your will and ensure it accurately reflects your current wishes.

The Importance of Retaining an Estate Planning Attorney

Poorly drafted wills can result in significant legal expenses and contention for your loved ones. There are plenty of software programs that provide a one-size-fits-all solution to drafting a will.

However, if you prefer to have the peace of mind knowing that your will is drafted properly, our South Jordan wills lawyers provide simple will services at a flat fee of $500.00 for individuals or $650.00 for married couples. For complex estates, we generally suggest preparing a more comprehensive estate plan. If you previously had a will but have since had a life-changing event (such as a new child, a divorce, marriage, etc.), it is important to revisit the terms of your will.

Contact Carr | Woodall at (801) 988-9400 to learn more about how we can assist you.