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Commonly asked questions
A last will provides detailed instructions on how property and assets will be managed and distributed when an individual dies. It becomes effective only after the individual’s death and after the will has been accepted by the court in a probate proceeding. Upon acceptance by the court, an executor or representative is appointed and given authority to carry out an individual’s wishes as detailed in the last will.
A living trust bypasses probate and provides detailed instructions on how property and assets which are held in the trust are to be managed and distributed. A living trust becomes effective upon its creation and provides for the transfer of authority to a successor trustee or representative without court involvement in the event of disability or death.
An advance health care directive is a legal document that communicates your end-of-life decisions and healthcare wishes if you are incapacitated and/or unable to do so yourself. Under Utah law, an advance health care directive consists of two parts: a living will and health care power of attorney.
A living will is a document that allows you to specify in advance your end-of-life-decisions and desires for specific types of medical procedures and treatment options to receive or withhold if you become incapacitated, terminally ill, permanently unconscious, or otherwise unable to do so.
A last will is a testamentary document, which specifies your final wishes, how you’d like to distribute your property after death, and who will care for your minor children. A living will is a medical directive that communicates your end-of-life wishes in the event you are incapacitated or unable to do so regarding things such as treatment options, life support, organ donation, and others.