Estate Planning Attorney Provo

Clarity & Calm Guidance For Your Utah Estate Plan

Planning for what happens if you become ill or after you pass away can feel uncomfortable, and many people in Provo put it off for years. When you are busy with work, children, or caring for aging parents, it is easy to push estate planning to the bottom of the list until a crisis forces quick decisions. At Eric M. Swinyard & Associates, PLLC, we help individuals and families create clear, practical plans so loved ones are protected, and Utah’s legal process is easier to navigate.

Our estate planning attorneys work regularly with people facing emotional legal issues, including divorce, custody, and estate matters. We understand how family dynamics, blended households, and second marriages can complicate decisions about property and inheritance. Our goal is to provide steady guidance, answer your questions in plain language, and help you move from worry to a signed plan you understand.

We keep our caseload manageable so we can give you the attention you deserve. From the first conversation, we focus on listening carefully, explaining your options under Utah law, and building a plan that fits your life in the area right now and that can adapt as things change.

Explore your estate planning options—schedule a consultation online or call (801) 515-4133 to discuss your situation.

Thoughtful Estate Planning For Provo Families

Estate planning is not only for the wealthy. It is for anyone who wants to decide who will receive their property, who will care for minor children, and who will handle finances and health care decisions if they cannot. For many families who live and work in or near Provo, that means coordinating a home, retirement accounts, life insurance, and personal items that carry deep meaning.

Life changes such as marriage, divorce, the birth or adoption of a child, a move to Utah, or the death of a loved one can create new planning needs. We regularly meet with parents who want to name guardians for children, adults who recently divorced and need to update old documents, and people in blended families who want to provide for a new spouse and children from a prior relationship. Clear documents reduce confusion and can lower the chances of conflict later.

We approach each plan as a personal project, not a template. During our meetings, we ask about your family, your goals, and your concerns about Utah’s process so that your documents reflect what matters most to you. The result is a practical plan designed to help your loved ones when they need it most.

Why Work With Our Firm On Your Utah Estate Plan

Choosing a lawyer to help with your estate is a personal decision. You want someone who understands Utah law, and you also need a team that understands how families really function. Our background in family law and divorce gives us daily insight into what can go wrong when plans are missing, outdated, or unclear.

We keep a deliberate balance between the number of cases we accept and the time we devote to each client. This allows us to return calls, answer questions, and spend the time needed to make sure you understand every document you sign. We believe that an effective plan is one you can explain in your own words, not just a stack of forms that sit in a drawer.

In some estates, disagreements arise about what a will means or whether someone acted fairly as a decision maker. Because our estate planning attorneys are prepared to handle litigation when it becomes necessary, we plan with that possibility in mind. We work to create documents that are clear and complete, which can make it easier to defend your wishes if they are ever challenged.

When you work with our firm, you receive practical legal guidance, patient explanations, and a team that is ready to advocate for you if Utah’s courts become part of the picture. This combination is particularly important for families in Provo who may be juggling complex relationships and responsibilities.

Key Estate Planning Tools Under Utah Law

A complete estate plan usually includes several different documents that work together. The right mix depends on your goals, your assets, and your family structure in Utah. We take time to explain each tool and when it is useful so you can make informed choices.

Wills & Guardianship Nominations

A last will is the starting point for many people. In a will, you name who will receive your property that passes through your estate, and you can nominate a personal representative to handle your affairs. Parents of minor children often use a will to nominate a guardian so that the court knows their preference if something happens to both parents.

Revocable Living Trusts

Some clients want to create a revocable living trust. A trust can be used to manage property during your lifetime and then control how and when that property is distributed after your death. For example, a trust can hold funds for children until they reach a certain age or help coordinate real estate and financial accounts in Utah and elsewhere. We help you decide whether a trust fits your situation or whether a will-centered plan is more appropriate.

Powers Of Attorney & Health Care Directives

Good planning also addresses incapacity. Financial powers of attorney allow you to appoint someone to handle money and property if you are unable to act. Health care powers of attorney and advance directives let you choose who will speak with doctors and what types of treatments you would or would not want.

These documents can spare your loved ones from difficult court proceedings and guesswork if a serious illness or accident occurs. We explain how each option works so you can choose decision makers who are prepared to follow your wishes.

Guiding You Through Probate & Estates

Sometimes you visit our firm not to create your own plan, but because a relative has passed away and you are responsible for handling their estate. Serving as a personal representative or executor can feel overwhelming, especially if you are grieving and unsure how Utah probate works. We assist people in the region with both routine and contested estate matters.

Understanding The Utah Probate Process

Probate is the legal process that generally takes place through a Utah state court, and its purpose is to confirm a valid will when there is one, appoint a personal representative, and oversee the transfer of property. When someone dies without a will, Utah’s intestacy laws usually determine who inherits. The specific steps depend on where the person lived, what property they owned, and whether anyone contests the proceedings.

How Our Firm Supports Personal Representatives

We work with personal representatives on tasks such as identifying estate assets, working with financial institutions, and providing required notices to heirs and interested parties. If disagreements arise among family members about the meaning of a document or whether someone acted properly, our litigation experience allows us to represent your interests in hearings and related proceedings. We aim to guide you through each stage so that you are not left to navigate Utah’s estate rules alone.

What To Expect When You Work With Us

Uncertainty about what will happen after you contact a lawyer can keep you from reaching out. We strive to make our process straightforward and transparent so that you know what to expect from the beginning. Whether you are starting fresh or updating existing documents, we follow a clear set of steps.

Initial Consultation & Information Gathering

During the initial consultation, we talk with you about your family, your property, and your goals for an estate plan or for handling an existing estate. Many clients who live in Provo or nearby communities meet with us in person, and we also use phone or video when that is more convenient. We explain which Utah rules are most likely to affect your situation and answer your immediate questions.

After that meeting, we help you gather information about your assets and any current documents, such as prior wills, beneficiary designations, or powers of attorney. We then review your options and discuss how different choices may affect your family, including court considerations where appropriate.

Drafting, Review & Signing

Our estate planning lawyers prepare draft documents and walk you through each section in everyday language before anything is signed. We encourage questions and make adjustments so that the final drafts match your intentions. Once you approve the drafts, we schedule a signing that complies with Utah’s legal requirements for witnesses and notarization.

For probate and estate administration matters, we outline the expected stages of the case and keep you updated as filings are made and hearings are scheduled. Throughout the process, our manageable caseload allows us to respond to questions and adjust your plan as your life evolves.

Frequently Asked Questions

Do I Really Need An Estate Plan If I Live In Utah?

Most adults benefit from having at least a basic estate plan, even if they do not consider themselves wealthy. If you pass away without a will in Utah, state intestacy laws typically decide who inherits your property, and those rules may not match your personal wishes or reflect complex family relationships. A plan lets you choose who receives certain items, who manages the process, and who cares for minor children.

An estate plan can also address incapacity. Without powers of attorney and advance directives, your loved ones may need to ask a court to appoint someone to handle your affairs if you become unable to do so yourself. By planning, you retain control and usually make things easier and less stressful for your family.

What Documents Do You Usually Recommend For Families With Children?

For families with children, common building blocks include a will that nominates guardians, powers of attorney, and health care directives. The will can specify who will manage property for minor children and who you prefer to care for them on a day-to-day basis if you are gone. Powers of attorney and medical directives help ensure that a trusted adult can make financial and health care decisions if you cannot.

Some parents in the Provo area also choose to create a trust to hold life insurance proceeds or other assets for children until they reach certain ages or milestones. Our estate planning attorneys talk with you about your values and your children’s needs, then help you choose the combination of documents that aligns with your goals. The focus is always on clarity, practicality, and what will help your children most in the future.

How Often Should I Update My Estate Plan After Major Life Changes?

It is a good idea to review your estate plan whenever you experience a major life change. Events such as marriage, divorce, the birth or adoption of a child, a significant move, or the death of someone named in your documents can all affect whether your current plan still works. For example, a divorce can change how Utah law treats certain provisions, and beneficiary designations may need attention.

Even if nothing major has changed, many people benefit from a general review every few years. Laws, financial situations, and family relationships can evolve. During a review, we help you check whether your plan still reflects your wishes and whether any updates would make it more effective for your current circumstances.

What Happens If A Family Member Disagrees With My Will?

If a family member believes your will is invalid or thinks it does not reflect your wishes, they may ask the Utah court that is handling the estate to review it. Common arguments involve claims about capacity, undue influence, or problems with how the document was signed. The court generally looks at the evidence and decides whether the will should be admitted and how it should be interpreted.

Thoughtful planning can reduce the chances of disputes. We work to create documents that are clear, properly executed, and consistent with your broader financial picture. Our background in family law helps us anticipate areas where conflict might arise, and our litigation experience allows us to advise on how a court may view certain provisions if they are challenged.

How Long Does The Utah Probate Process Usually Take?

The length of probate in Utah varies, but many straightforward estates take several months to a year to complete. The timeline depends on factors such as the type and location of assets, whether there is a valid will, and whether anyone files objections or claims. If real estate must be sold, disputes arise, or complex assets are involved, the process can take longer.

When we represent a personal representative, we outline the expected stages at the beginning and update that estimate as the case progresses. Our role includes helping you meet required deadlines, respond to court requests, and keep beneficiaries informed. While we cannot control every factor, we work to keep your matter organized and moving forward.

Can You Help If I Started With Online Forms & Now Feel Unsure?

Yes, we regularly meet with clients who began with online forms or prior documents and now want to confirm that everything works under Utah law. It is common to wonder whether generic templates actually cover your situation, especially if you live in Provo and have property, retirement accounts, or blended family circumstances that forms did not address.

During a review, we look at your existing documents and compare them with your current goals and family structure. We explain any gaps, inconsistencies, or Utah-specific requirements that may be missing. From there, we discuss options ranging from making targeted updates to replacing certain documents with a coordinated plan.

What Should I Bring To Our First Estate Planning Meeting?

For an initial meeting, it is helpful to bring any existing wills, trusts, or powers of attorney, along with a general list of your assets and how they are titled. Information about life insurance, retirement accounts, and any property in Utah or other states can also be useful. If you have minor children, think about who you might want to nominate as guardians.

If you do not have all of this information gathered, that is fine. Our first conversation is focused on understanding your situation and concerns, not on perfect paperwork. We will outline what additional details we need and provide a clear checklist so you can gather information at your own pace after the meeting.

Take The Next Step To Protect Your Estate

Estate planning and estate administration do not have to be confusing or overwhelming. With a clear process, practical explanations, and a team that understands both Utah law and real family dynamics, you can create a plan that protects your loved ones or handle a loved one’s estate with greater confidence.

At Eric M. Swinyard & Associates, PLLC, we combine personal attention, a commitment to education, and readiness to advocate in court when necessary. Whether you are looking for an estate planning lawyer Provo families can turn to for guidance, or you need help from an estate attorney Provo residents trust with existing estates, we are ready to talk through your options and help you decide what makes sense for you.

Talk to our team about your estate planning or estate administration questions. Schedule a consultation online or call (801) 515-4133 today.