Legal Question in Wills and Trusts in Utah

Re: Dual Residence Will

You should only have one will, regardless of your residency. It's format should conform to both states, so that if probate is opened in both states it is recognized. (However, it is usually better to have a trust, which does not require any probate if set up properly.)

Your forms can be notarized in any state.

The Special Power of Attorney for health care matters is only valid if you are unconscious or incompetent. The living will is valid while you are conscious and/or competent. The documents supplement each other, and do not "over-ride" each other.

I infer that you are using a packaged will program. You should be very careful since these documents are generally NOT prepared by an attorney, the preparers are practicing law without a license, which is a crime. A non-attorney may or may not do a good job for you, however, if he/she does not do the estate planning properly, neither you nor your heirs have any recourse.

You should have your estate plan reviewed by an attorney who is familiar with your personal facts and situation. A letter from an attorney who endorses the plan without meeting with you is not sufficient, and is in itself inappropriate.

Your estate plan is very critical. Once you die it is very expensive and hard to correct errors, omissions, or other problems. It is a lot cheaper to do your estate planning with an attorney rather than using one of the canned programs out there.

If I mis-inferred, and you are using an attorney, he/she should have answered all of these questions for you.