Legal Issues For The Elderly… What Is “Intestate Succession”?

Issue 3.12

Even if you have never signed a will or trust,you have an estate plan.  Some of you may be asking,“How?”  The answer is the state has a “default estate plan” for those without their own.  This government provided plan is called,“intestate succession.”

In almost [...]

Legal Issues For The Elderly… Estate Planning For Blended Families

Issue 48.11

In a “traditional”estate plan,each spouse provides for his or her assets to pass to the surviving spouse,with the understanding that the assets will go to the children at the surviving spouse’s death.

This may work well when the spouses have only been married to each other,but it [...]

Legal Issues For The Elderly…Efforts To Avoid Probate Can Cause Problems

Issue 44.11

All sorts of helpful folks,including customer service people,account managers,and other employees of financial institutions give customers advice about how to title accounts and name beneficiaries.  However,seemingly harmless advice can cause many problems with estate plans in an effort to avoid probate.

Most new account forms at financial [...]

Legal Issues For The Elderly… “Pain-Free” Charitable Giving

Issue 40.11

Doing certain things in life makes you feel good.  Giving to a charity or worthy cause is one of the things in life that “fills one’s soul”. 

As an estate planning attorney,I have enjoyed helping clients create charitable bequests and even legacies.  Although there are more complex ways to leverage [...]

Legal Issues For The Elderly… Additional Probate Matters

Issue 36.11

After a previous article regarding probate in general,a reader emailed me and asked me two very good questions regarding other probate issues. These two additional probate questions and the corresponding answers are set forth below.

Is there a threshold in Utah for which a probate is not required? If so [...]

Legal Issues For The Elderly… Taking Care Of Animals Upon Death

Issue 32.11

If a client does not have a trusted friend or family member to name in their will or trust as caretaker of their pet,want can be done?

For fifteen years I have worked [...]

Legal Issues For The Elderly… My Parent Died With A Trust…Now What Do I Do?

Issue 28.11

Many people are familiar with Trusts.  In recent years,a Trust has become a popular Will substitute.  Many people have decided to use a Trust as opposed to a Will in doing their Estate Planning.  The primary purpose is to [...]

Legal Issues For The Elderly… State To State Estate Planning

Issue 24.11

Relocating to a new state often creates issues affecting estate planning.  Many people wonder if they need a new will or trust when they move from one state to another.  Although a will or trust validly [...]

Legal Issues For The Elderly… Will Contests

Issue 20.11

A will or trust contest is a form of litigation in which the validity of a will or trust can be challenged.  Family members,spouses,children and business partners are examples of interested parties who may have the standing (financial [...]

Legal Issues For The Elderly… Second Marriages And Estate Planning

Issue 16.11

Love knows no bounds.  Many couples have experienced the extent and truth of this common saying. 

Often,older couples have to cope with adult children who cannot understand why mom or dad wants to [...]