Columnists

Your Estate Matters… Does a “No Contest” Clause Mean Anything?

Issue 44.17

I recently helped a family settle a case involving a dispute over who should get the home of their deceased parents. The trust was clear – the home was to be part of the whole estate, and the whole estate was to be divided equally between the children. What was also […]

Your Estate Matters… A Car Without An Engine

Issue 37.17

For a person to get all of the benefits from their trust, their assets need to be coordinated with the trust. I have chosen the word “coordinated” carefully because different assets have different properties that work in different ways with trusts. Some assets, such as stocks and real estate, usually are […]

Your Estate Matters… Updating Your Trust

Issue 30.17

Trusts are generally easier to change than wills. Trusts have fewer requirements than wills when a change needs to be made. A person can change their trust by using an “Amendment.” An amendment usually must be in writing, signed, dated, and notarized. A change to a will should have two witnesses […]

Your Money Matters… A Car Without An Engine

Issue 22.17

For a person to get all of the benefits from their trust, their assets need to be coordinated with the trust. I have chosen the word “coordinated” carefully because different assets have different properties that work in different ways with trusts. Some assets, such as stocks and real estate, usually are […]

Your Estate Matters… Resolve To Update Your Plan

Issue 1.14

You need your basic estate plan to be in place. You then have assurance that your family and financial goals will be carried out. An “estate plan” has several parts. They include a Will, a Durable General Power of Attorney, a Utah Advance Health Care Directive (living Will), and beneficiary designations. […]

Your Estate Matters… Disinheriting A Child

Issue 47.13

Frequently I have clients who wish to disinherit a child in their Will or trust. For many possible reasons, it simply is not the right thing for that child to share in the estate. The child may be estranged, ungrateful, inattentive, indebted to the parent, has become hopelessly addicted to a […]

Your Estate Matters… Your Useful Durable Power Of Attorney

Issue 44.13

Creating a durable power of attorney can be helpful to your family in the event you become incapacitated. An accident, health crisis, or diseases of age may render you unable to manage your affairs. Someone will need to pay bills, manage investments, and make important financial decisions for you. A “durable” […]

Your Estate Matters… A Joint Tenancy Problem

Issue 38.13

A common source of fighting when someone passes away is having a surviving child on a joint account. The problem can arise because under Utah law, a joint account belongs to the survivor, regardless of a Will or trust provision that might say otherwise. In other words, a joint account trumps […]

Your Estate Matters… Utah’s New Asset Protection Trust

Issue 26.13

In May, Utah enacted an asset protection trust law that makes a lot of sense. Before this new law, asset protection through a trust was full of speculation and hoping for the best. But the new law provides specific directions about how to properly set up an asset protection trust that […]

Your Estate Matters… Updating Your Trust

Issue 10.13

Trusts are generally easier to change than wills. Trusts have fewer requirements than wills when a change needs to be made. A person can change their trust by using an “Amendment.” An amendment usually must be in writing, signed, dated, and notarized. A change to a will should have two witnesses […]