Adoption: When is the biological father not entitled to notice?

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By Chase B. Ames 801.365.1022 [email protected] Parental rights are some of the most protected rights in American law. It makes sense then that, in most cases, each natural parent must receive notice of an adoption petition and an opportunity to contest the adoption. However, under specific circumstances in Utah, a biological father is not entitled to Read More

THE SECURE ACT: How It Will Affect You and the Beneficiaries of Your Retirement Accounts

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By Jeff B. Skoubye 801.365.1012 [email protected] On December 20, 2019, President Trump signed the Setting Every Community Up for Retirement Enhancement Act (SECURE Act). The SECURE Act, which is effective January 1, 2020. The Act is the most impactful legislation affecting retirement accounts in decades. The SECURE Act has several positive changes: It increases the Read More

Obtaining Original Birth Certificates and Other Records After Adoption

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By Chase B. Ames 801-365-1022 [email protected] In Utah, it is extremely difficult for an adoptee to obtain any records related to their birth or adoption—including the adoptee’s original birth certificate—because these records are sealed following an adoption. An adoptee will literally have to wait 100 years before the records are unsealed. However, an adoptee in Read More

Utah’s New Power of Attorney Act

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The Utah legislature recently adopted the Uniform Power of Attorney Act (the “Act”).  The Act became effective on May 10, 2016, and makes some significant changes to current Utah law.  With its enactment, Utah joins 20 other U.S. States in enacting this uniform legislation, though Utah has made some non-uniform changes of its own.  Here Read More

New Power of Attorney Law Holds Promise and Risk

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Powers of Attorney are powerful and potentially risky documents.  A person signing a power of attorney (the “Principal”) is delegating certain authority listed in the power of attorney to another person (the “Agent”).  Properly drafted, a power of attorney can be a useful tool in dealing with incapacity or absence.  However, persuading banks, title companies, Read More

Probate and Estate Litigation

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Despite everyone’s best efforts, sometimes there is a disagreement over the decedent’s estate and final wishes.  Sometimes these arguments are over personal property and  sometimes over sentimental items.  Other times, the issue is one of control and decision making.  Still other times it deals with undue influence over the decedent in the creation of the Read More

FAQ

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Q: What is Probate? A: Probate, simply put, is the process of appointing a surrogate (a substitute) to act on behalf of another who cannot act for themselves. For example, when a person dies owning real estate, unless there is a joint owner, there is no one alive who can sign a deed to sell Read More