Archive for March, 2010

Your Estate Matters…Should Your Child Be A Joint Tenant On The Deed To Your Home?

Thursday, March 25th, 2010

sean-sullivan1Issue 13.10

Part 1

Should you list your child as a joint tenant with you on your home?  It is true that if your child survives you as a joint tenant on your home, your home will not have to be probated.  At your death, your child would immediately become the sole owner of your home.  Although owning property as a joint tenant with another person is probably the simplest method of transferring the property at your death, there are risks of owning your home with a child as a joint tenant.  Below are some of the disadvantages:

A creditor of your child may try to seize the child’s interest in your home, or file a lien against your home. 

Once your child’s name is on the deed to your home, you can only sell or refinance your home if your child cooperates with you and signs the necessary paperwork.  Your child can effectively cancel your own decision to deal with your home as you deem appropriate. 

If your child survives you, that child may claim that you gave the house to him or her alone, and not to your other children.  Since that child is the only one named on the deed, your other children will have an uphill battle to clear the title.  One alternative is to name all of your children as joint tenants with you on the deed, but in that case only your surviving children will share in the home after your death.  If any child dies before you or before the home is sold, his or her interest in the home will be gone.  No interest in the home would “trickle down” to that deceased child’s children.  The home would be divided only between your surviving children.  In addition, you would have exposed your home to the creditors of all your children.

Sean Sullivan is a shareholder in the firm Brindley Sullivan, PC.  Call (435) 673-9220 to arrange a time to meet with hi to discuss your estate planning needs.

Common Sense Investing…Wonderful Gravity

Thursday, March 25th, 2010

wyson2Issue 13.10

All aircraft have four forces continually acting upon them. These forces work in two opposing pairs and they are Lift, Gravity, Thrust and Drag. The plane’s wings create lift, which allows it to climb. Working in opposition to lift is the force of gravity. Ask most people what a pilot’s greatest enemy is and they will jokingly respond, “Gravity.” Though gravity appears to be the enemy, the reality is that without gravity the force of lift would be ineffective. It is the constant stabilizing pull of gravity against the plane that allows the aircraft to climb. Without gravity, an airplane would soar off uncontrollably into space.

The plane’s engine generates thrust, which propels it forward. Acting in opposition to thrust is drag. As the plane accelerates, the balancing force of drag increases. Stick your hand out the window of your car while on a freeway and you will experience the effects of drag. Like gravity, even though drag creates a hindrance to the plane by holding it back, it also is absolutely necessary for the proper control of thrust. If there were no drag an airplane would rocket forward out of control. Airplane engineers spend long hours trying to overcome the opposing forces of gravity and drag, while at the same time realizing that they are absolutely necessary for safe and productive flight.

Over the years many people have come to me seeking financial advice. Some are concerned to the point they have considered selling off all their investments. Voices of fear that we all hear everyday have convinced them that they need to remove all risk from their financial lives. I often find myself teaching these people about flying. In investing (for that matter in all of life) there are opposing forces at work. Financial advisors generically call these forces “Risk.” Risk may sound like a bad word, a word that invites disaster, much like the word, gravity. But like gravity, risk is essential to productive financial flight. Without risk there is no growth. 

A non-pilot will look at a downed airplane and assume gravity was to blame. A pilot however, will look at the same crash and understand the culprit was insufficient lift. Without gravity a plane cannot generate lift. Without risk, your investments cannot generate growth. A wise pilot learns to use both to his advantage.

Dan Wyson, CFP®  is author of the book “21 Financial Myths” and owner of Wyson Financial. 1173 S. 250 W #305 St. George 435-986-9525 – Securities offered through LPL Financial member FINRA/SIPC

A Thank You to All Who Volunteer!…National Volunteer Week

Thursday, March 25th, 2010

jim-dowd1Issue 13.10

“Kind words can be short and easy to speak, but their echoes are truly endless.”  As we approach National Volunteer Week (April 18-24) these words of Mother Teresa represent what true volunteer service is all about and as the volunteer coordinator for Zion’s Way Home Health and Hospice I want to humbly thank all those volunteers who give of their time, and especially those who give to hospice, no matter which company they choose to work through.  Most people, unless they are involved with hospice in some way, do not appreciate the significance of hospice volunteer programs.  Volunteering in any field is a wonderful way for each of us to give back to community and to serve, but hospice is the only discipline that I am aware that is mandated by Medicare to have volunteers on staff.  In fact, federal law requires that at least 5% of all hospice patient care hours be provided by volunteers if federal reimbursement is to be ensured.

There are over 400,000 people in the U.S. who volunteer in some way with hospice care and who understand the concept that dying is not simply a medical event that we all must face one day, but an extremely personal, spiritual and individual occurrence that should not be faced alone.  Volunteering with hospice is not about sitting next to someone for a few hours and watching them die.  It is rather concerned with helping people enjoy the remaining time left of life’s journey and preparing them and their loved ones for what is to come. 

Some people say to me that they have no specific talent or qualifications to work with hospice patients and I assure them that they are perfect for the job as none are required.  Truly the only essential skill needed is the ability to listen, which bestows upon us the opportunity to learn from those who are speaking.  And what amazing things we can learn!

Of course there are occasions when our volunteers can share their own passions with patients and their families, whether through music, visiting with pets or by sharing the words from a good book, but mostly what our hospice volunteers do is provide support, which ultimately means an open ear and a caring shoulder. 

Many thanks to all those who volunteer and from all of us who work in hospice and from all the patients and caregivers hospice volunteers have helped, we want you all to know just how much you are appreciated.  And if you have thoughts or questions about volunteering and think that now might be the time to learn more please give me a call at Zion’s Way Home Health & Hospice. (688-0648).

Geek Speak… How to Back Up Files

Thursday, March 25th, 2010

shaun1Issue 13.10

I know that I constantly remind everyone to “back up anything important”. One of my great customers gently informed me that I have not addressed how to do that in these articles and that a lot of people would do it if they knew how. I have to plead guilty as charged, but it is difficult to explain in print and very easy to demonstrate. With that excuse out of the way, I will attempt to give a clear explanation to help all of you make backups.

Of course, the easiest way is to buy an external drive, install the backup software that is included with most of them and run it. It will back up your documents file and probably some others. If you want more than that, you will have to customize according to the manufacturer’s instructions.

For the rest of you, here is the basic rundown on how to copy files to another location (whether that is a CD, DVD, Flash Drive or External Hard Drive). First, insert the media you desire to copy to (i.e. plug in the drive to the USB port or insert a blank disk). If the computer doesn’t automatically open a new window showing the blank (or nearly blank) location, you can find it by double clicking on “Computer” or “My Computer” depending on which Operating System you use. Then look for the drive you wish to write to. This can be confusing because it may not be obvious, but if it is not a CD or DVD, it will usually be identified as the drive with the letter furthest into the alphabet. If you already had a C, D, E and F drive, the new one will usually be identified as G. Double click that drive to open its window (if it didn’t open automatically).

Next, find the location of the file or files you wish to back up. You can find most files by Double Clicking on “Documents” or “My Documents”. This should open a second window. (I like to resize the windows by dragging a corner of the window until it is a size that’s easy for me to read.) Then place the two open windows side by side. It is then easy to drag and drop files from one to the other which will copy the files. If you are doing this on a CD or DVD, your copying software should “finalize” (make ready for reading) the disk before ejecting. If this isn’t done automatically, you will need to find out how to do it manually on your system. Because of space limits, I can’t explain it in this article.

You may need to look for some files (especially pictures) in other areas on the hard drive. You can often find them by searching with Windows. For example, if you are looking for photos, you can often type *.jpg in the search box and it will give you a list of jpeg (picture) files. You can click on these files to find the details of where they are stored. Then you can open that folder and back up the files located there the same way we did with the other files.

There may be a few bumps in the road, but if you try this a few times, you will gain confidence and have the added bonus of having backups and peace of mind. As always, I still say… Be safe – and always have a backup of anything important.

Shaun McCausland has been in the computer industry for 28 years (locally with Musicomp & Bits ‘N’ Bytes) and currently does in-home and on-site computer consultation, service, training and repair. If you have questions, you can reach him at 668-7118.

 

Genealogy Corner… BYU’s 13th Annual Conference on Computerized Family History and Genealogy

Thursday, March 25th, 2010

shanna-jones4Issue 13.10

The Thirteenth Annual Conference on Computerized Genealogy and Family History will be held Monday April 26, and Tuesday April 27, in the Salt Palace Convention Center in Salt Lake City.  A separate Technology Conference for program developers will take place on Wednesday April 28 also in the Salt Palace. Vendor booths will be available Monday and Tuesday, with demonstration times for products organized both days. Brigham Young University made the decision to move the Conference on Computerized Family History from its normal BYU Location to the Salt Palace in Salt Lake City this year where the National Genealogical Society’s (NGS) annual conference is being held, and also move the conference from its usual March date to April 26 and 27 to coincide with the NGS Conference.  This move opens opportunities for NGS participants to attend the BYU conference. NGS has offered attendees of the BYU conference a discounted rate to attend their conference. This conference is designed to be a how-to guide for everyone, including beginning, intermediate, and advanced researchers.  The conference includes a variety of more than 50 classes to help participants learn about advancements in computer programs, research techniques, managing genealogical databases, digital photography, and using the Internet for family history research. It also includes classes from vendors about new family history products. This conference is sponsored by the Church of Jesus Christ of Latter-day Saints’ Family History Department, FamilySearch, BYU History Department, BYU Center for Family History, and BYU’s Division of Continuing Education. More information on this conference can be found at http://familyhistoryconferences.byu.edu. Keynote presenter: David Rencher, director of the Records and Information Division of the Family and Church History Department of The Church of Jesus Christ of Latter-day Saints, who served as director of the Family History Library (FHL) and has been a leader in providing records of value to family research, including acquiring the Social Security Death Index (SSDI) and making it available to genealogists.  Shanna Jones is a professional genealogist. For additional information, Shanna can be reached at (435) 628-4900 or shannasjones@msn.com.

 

 

Looking Back…Dear John/Jane Letters

Thursday, March 25th, 2010

lin-floyd3Issue 13.10

The letter generally started out with…Dear Elder or Sister (fill in the blank), I hope your mission is going well. I’ve been very busy so I haven’t written for a while. It’s been very difficult for me since you left, I’ve been so lonely, but I found a new friend who is so understanding because (choose: he or she) has also served a mission and knows how difficult it is to be separated from loved ones. We’ve had many long discussions. I wish you were here by my side so I could see your face while I explain all the changes that have happened in my life since you left.

Well, over time this new person and I have become really special friends. (Choose: He or She) seems to understand exactly how I feel, having gone through the separation from loved ones while a missionary.  A special friendship has developed between us. That brings me to why I’m writing this letter dear (choose: first name of missionary, hopefully it’s not John or Jane.)

I know we had agreed for me to wait for you until AFTER your mission before taking any major steps forward in my life BUT (choose one or more: I’m not getting any younger and my parents are really pressuring me to move on with my life or I’m near graduation and not really interested in graduate school or I’ve decided not to go on a mission and wait for you.) SO (choose one or more: I’ve decided to date other people just to be sure of our relationship or I’ve fallen in love and we will be getting married soon or we got married last week.)

Have a great mission and remember (choose one or more: how much I love you and always will or that all your friends and family are praying for your success or I’ll always remember how special you were to me.) Tell your companion that (choose one or more: I unfortunately won’t be sending any more care packages filled with my special chocolate chip cookies or you need to give your mission work your full attention without any distractions or worries from home or everything is okay at home.)

Thanks for the time, love and special experiences we have shared together and may you be blessed for the rest of your life.

Love always,

(Sign your name)

Hooray For Eyes… The Jewel Of The Body

Thursday, March 18th, 2010

jason-hendrixIssue 12.10

One of my favorite books is actually a children’s book written by Dr. Seuss.  It is titled “The Eye Book” and tells the story of a boy and a rabbit as they discover their eyes.  From the sun and the moon to trees and bees, the two characters marvel at the many things their eyes see.  The last line in the book says it best:  “And so we say ‘Hooray for eyes!  Hooray, hooray, hooray . . . for eyes!”

As an Ophthalmologist, I have spent nearly every day of the past decade examining eyes.  I have seen small eyes, big eyes, sick eyes, healthy eyes, blue eyes, green eyes and even “goopy” eyes.  I have marveled at the toughness of the eye during surgery, and I have been frustrated by the destruction caused by a microscopic virus.  I have been blessed to share in the joy patients have when they see 20/20 after cataract surgery, and I have also shared in the heartache experienced as a patient’s vision fades away due to macular degeneration.

Henry David Thoreau wrote “The eye is the jewel of the body.”  My experiences as an eye doctor have reaffirmed to me time and time again how precious our eyes truly are.  Take a moment to ponder the beautiful things you see every day.  From the dew on a blade of grass to the majestic scenery of Zion National Park, our eyes make it possible for us to enjoy them all.  Most of us probably never consider the awesome power of our eyes as we drive our car down the road, enjoy a show at Tuacahn or hit a perfect tee shot.  Imagine never enjoying another sunset or never seeing a friend’s face again; then you will begin to understand the priceless blessing of our eyes.

We have been told before to take time to smell the roses; I encourage us to not only smell the roses but see them too.  Enjoy the vibrant color of the petals, the intricate details of the leaves, and the movement of the bees that fly around them.  For unfortunately, my experiences as an eye doctor have also taught me that vision is fragile and can leave us at any time.  And so I echo the words of Dr. Seuss and say “Hooray, Hooray, Hooray . . . for eyes!”

Jason W. Hendrix, M.D. is a Board Certified Ophthalmologist (Eye Physician and Surgeon) who specializes in cataract surgery, LASIK and diseases of the eye.  He is located at the Saint George Eye Center, 676 South Bluff Street, Suite 208, Saint George, Utah.  Contact him at 435-628-4507 or visit www.stgec.com.

 

Legal Issues For The Elderly… Is A Living Trust Right For You?

Thursday, March 18th, 2010

jeff-mckenna-new1Issue 12.10

The use of a revocable trust (sometimes referred to as a “living trust” or “family trust”) to plan one’s estate has become very popular.  Despite the popularity of the revocable trust, revocable trusts are not without their potential problems. 

First, it is important to understand that there is no definitive answer as to whether a trust is necessary.   Another estate planner explained that asking whether a revocable trust is good or bad is like asking whether a wrench is good or bad.  It depends on what you are trying to accomplish.  A trust is just an estate planning tool.  Whether it is good or bad depends on your needs and desires.

Although there are many factors to consider in determining whether a revocable trust is right for you, here are a few of the more significant factors:

1.  Avoiding Probate.  It is true that a properly funded trust avoids probate.  If the goal of the client is to avoid probate, it is critical that the trust be properly funded.  To “properly fund” a trust, title to all assets and beneficiary designations for insurance policies and retirement accounts must be reviewed.  A properly funded trust avoids probate because the owner of the assets (generally termed the trustor, settlor, grantor or trustmaker in the trust document) conveys ownership from him or herself (in his or her individual capacity) to him or herself as trustee of his or her trust.  Probate is avoided because for “probate purposes” the deceased person does not own assets but rather the trustee of the trust owns the assets.  It is critical to understand that a revocable trust only avoids probate if the assets have been properly transferred to the trust.

Out of State Property.  A revocable trust is especially useful if you own real estate in another state.  Real estate in another state generally requires a probate proceeding in that state.  If you live in one state but own real estate in another state, your beneficiaries may be required to commence multiple probate proceedings.  This situation can be avoided through the use of a revocable trust.

3.  Avoiding Court Appointed Conservatorship.  A properly drafted trust should provide for the management of trust assets in the event the person contributing the property to the trust becomes incapacitated.  This would avoid the need for a court appointed conservator for financial matters.

In conclusion, a revocable trust is an important estate planning tool.  Depending on your individual situation and desires, you may decide to use a revocable trust as your principal estate planning tool.  As in all estate planning decisions, being educated about your choices is key in deciding whether a revocable trust is right for you. 

Jeffery J. McKenna is a local attorney serving clients in Utah, Nevada, and Arizona. He is a shareholder at the law firm of Barney & McKenna, with offices in St. George and Mesquite.  He is the former President of the Southern Utah Estate Planning Council.

Geek Speak… Surges And UPS Batteries

Thursday, March 18th, 2010

shaunIssue 12.10

One big enemy of computers is uneven power.  Most people are aware of how devastating a power surge can be on computer systems.  Almost everyone has a “Surge Suppressor” type of plug bar that they plug their computers and peripherals into to protect them from power surges.  Surges can happen during storms, but they can also occur when the power comes back on after a power outage.  One thing to be aware of is that many power bars (which plug into the wall and have 4 to 8 outlets on them) are not surge suppressors.  Unless the product states clearly that it is a surge suppressor and what type of surges it will protect your equipment from, do NOT rely on it to keep your computer safe from power fluctuations.  These cheaper units often lose power after surges and can cause problems with your system by providing low voltage (discussed below).  Most of the good units will have a suppression rating and the better ones guarantee that your equipment will not be damaged by surges, and they offer to pay for damaged equipment (but not for lost data).

The other type of problem comes from low power situations or “brown-outs” as they are usually called.  This is when the voltage drops below around 111-113 Volts on a 120 volt line.  When the voltage drops too low, computers begin to act erratically and eventually fail altogether.  The low voltage can cause slow fan speeds and resulting overheating, data loss and lock ups.  It can be every bit as damaging to your systems as high voltage.  Brown-outs usually occur during times when electricity is in high demand, such as extremely hot or cold days/nights when heating and air conditioning units are in high usage.

You can protect yourself from this problem by improving your power management with a combination UPS/Surge Suppressor.  UPS stands for Uninterrupted Power Supply (not the shipping company).  These units use a high-power battery to run your system which is continually being charged by incoming power.  It regulates the output to a narrow range, and the better ones condition the power to make sure it has little or no interference or static.  They will keep your system running for a while in the event of brown-outs or power failures.  Your system will be more reliable and last longer if you make this investment.  You do need to be aware that the batteries in these units wear out in 2 to 4 years and either the battery or the unit needs to be replaced at that point.

Hopefully this information will help you keep your system running smoothly.  Be safe – and always have a backup of anything important.

Shaun McCausland has been in the computer industry for 28 years (locally with Musicomp & Bits ‘N’ Bytes) and currently does in-home and on-site computer consultation, service, training and repair. If you have questions, you can reach him at 668-7118.

The Genealogy Corner… Family Photoloom To Become New Familysearch Certified

Thursday, March 18th, 2010

shanna-jones3Issue 12

Big things are happening at Photoloom!  Just for starters, they are now an official software affiliate with New FamilySearch, and are working to become “New FamilySearch Certified.”

With the upcoming 3.0 release, Family Photoloom members will be able to import information from New FamilySearch* and tag their pictures with New FamilySearch IDs, enabling their pictures to be associated with records stored in New FamilySearch.

What does this mean for you?

* You can import your genealogy information into your Family Photoloom account directly from New FamilySearch, so you will no longer need to type it in.

* You can help ornament the global New FamilySearch tree with your pictures and documents.  You have complete control over what is kept private and what is made available to other researchers.

* Together they are paving the way for a new generation of “image-enriched genealogy.”

* FamilySearch is a family history website provided by The Church of Jesus Christ of Latter-day Saints.  It provides its resources free of charge to the public and is one of the most heavily used genealogy sites on the Internet.  A new website, now known as New FamilySearch, that gives users the ability to edit data was launched in 2007, and is incrementally becoming available to genealogists worldwide.  For more information, visit https://new.familysearch.org.

Family Photoloom is private and secure.  Only the people you invite can see the images and information in your account.  If you are a New FamilySearch user, they will let you pull information from, and link your images back to New FamilySearch.  If you have any questions about this service, visit the web page at: www.photoloom.com.   An individual account is free or you can upgrade to unlimited pictures and 5 Gigabytes of storage for $39.00 per year.

The site contains a quick view start up demo to show you how to upload pictures.  It is similar to uploading photos to Facebook, and you can tag photos to add them to your own family tree.  http://www.familyphotoloom.com/fplvideo.htm

Shanna Jones is a professional genealogist. For additional information, Shanna can be reached at (435) 628-4900 or shannasjones@msn.com.