We don’t plan out estates for ourselves; we plan them for our family and close friends.
Everyone you love has a unique relationship with you; therefore, they are all going to remember your “last wishes” a bit differently. Your passing will be one of the hardest things they go through; don’t make them think about your “stuff” or force them to make big decisions while they’re going through this because you didn’t have a plan in place. They will fight, relationships will be damaged, and it can all be avoided with simple, quick, and affordable estate planning and trust setup.
When you hire the Conflict Resolution Center, you’ll receive:
(1) Personalized guidance in planning your estate.
(2) An integrated, “family” approach where we have conversations with family members while mom and dad are alive to smooth over any concerns and protect those relationships.
(3) The highest quality Estate Plans at competitive pricing.
(4) An upfront pricing structure, so there are no surprises.
Schedule your consultation and put your assets in good hands with our estate planning in Logan, Utah.
Our Estate Planning Services:
- Wills
- Living Wills
- Trusts
- Gun Trusts
- Medical Directives
- Durable Power of Attorney
- Beneficiary Designations
- Joint Ownership Issues
Estate Planning: Your Guide to Protecting What Matters Most
Your legacy matters, and the right estate planning steps can make all the difference for your loved ones. As an estate planning attorney in Logan, Utah, we help people like you map out clear paths for their assets, businesses, and family’s future. The estate planning process doesn’t need to feel overwhelming. We’re here to break it down into manageable steps that protect what you’ve built.
Building Your Legacy Blueprint Wills and Living Wills
A well-crafted will serves as the foundation of your estate plan. Through our years of civil litigation experience, we’ve seen how proper planning prevents family conflicts and protects asset distribution. Your will outlines exactly how you’d like your property distributed, names guardians for minor children, and addresses tax laws that could impact your estate.
Living wills take this protection a step further by spelling out your medical care preferences if you become unable to communicate them. This trusted individual you choose can make healthcare decisions aligned with your wishes. Many clients tell us the peace of mind from having both documents in place is invaluable.
Keeping Your Assets Safe and Your Privacy Protected With Trusts
Creating a revocable trust gives you control over your assets while you’re alive and worry-free transfer to beneficiaries later. Unlike wills that go through the public probate process, trusts maintain your privacy. Through trust administration, our law firm will help structure these powerful tools to minimize estate taxes and protect your legacy. For business owners, specialized trusts can address succession planning needs. We assist clients with gun trusts and other specific asset protection strategies. The future of your business deserves careful consideration, and our attorneys can help create the right structure.
How Trusts Benefit You and Your Family
Trusts are tools for asset protection and smooth succession planning. A revocable trust gives you control over your assets while simplifying the probate process for your loved ones. Gun trusts allow for the responsible transfer of firearms, ensuring compliance with laws. Trust administration simplifies handling your assets, helping those you leave behind.
In Logan, Utah, our elder law attorneys craft trusts to match your needs. A living trust ensures your business interests and family are secure. Trusts also help minimize estate taxes, keeping more for your loved ones and reducing stress on your family.
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The Importance of Durable Power of Attorney and Medical Directives
A durable power of attorney appoints a trusted individual to make financial decisions for you if you’re unable to do so. Medical directives ensure your healthcare preferences are respected when you can’t communicate them. These documents are vital. They provide clarity and avoid potential conflicts among loved ones. Our team helps create these documents so you can rest assured your wishes will be honored without unnecessary complications.
Beneficiary Designations and Joint Ownership Issues
Proper beneficiary designations are critical to your estate plan. Without them, your assets might not go to the intended recipients. Joint ownership can also create challenges, especially in divorce situations or family law disputes. We assist clients in ensuring these elements align with their goals. Whether it’s reviewing existing documents or updating them, we simplify the process so your family avoids confusion later.
Beyond the Basics: Asset Protection Strategies
Our elder law attorneys work extensively with asset protection tools. Through commercial litigation experience, we’ve seen what works for preserving wealth. Your estate plan should account for business interests, real estate, and other complex assets.
Answering Your Estate Planning Questions
What Is a Will?
A will is written legal instructions to the court that allows you to do the following:
- Name the people and organizations that you choose to receive your property.
- Name the person you wish to be guardian for your minor children under the age of 18 in the event both their parents pass away.
- Name your “personal representative” as well as an alternate personal representative: a person or company that you wish to handle your affairs and manage your property after your death; and
- Make special provisions, perhaps by means of a trust, for the care of your minor children or some other family members who may have special needs.
- It’s important to note that wills are public records, and anyone written in a will can be seen by anyone once it’s filed with the court.
Do I Need a Will?
If you are single with little to no assets, then you may not need an estate plan. What you have will probably go to your children if you have any, and if not, to your parents or siblings. If you’re at peace with that, you don’t need a plan. If you have any of the following, you should have at least a basic plan:
- Married: Marriage provides for a majority, if not all, of your assets to go to your spouse if you are to pass away without a will. Previous marriages and/or kids can muddy this process, and clear direction is strongly encouraged.
- Kids: It is advisable that those with young children should at least have a will in place to help provide for the care of those children.
- House: As soon as you have a house, you should have a trust to assist in the transfer of your assets (life insurance is included when determining net worth). Many good estate planning attorneys will offer will/trust combos for almost the same price as a standalone will.
- Money: If you have a net worth in excess of $250,000 to $500,000, you should also have a trust for the same reasons listed above.
Can I Write My Own Will?
You can prepare your own will in your own handwriting. This is called a “holographic will”. Though a witness is not needed for a holographic will, you still need to sign it. This is a great last resort; however, due to the complexities of probate laws, it is recommended that you have the assistance of a lawyer. There is a lot more to an estate plan than just a will.
Can I Change My Will?
Absolutely! The creator of a will (called a testator) may revoke all or part of a will at any time. You do so by adding what is called a “codicil” (amendment) to the will or revoking the old will and starting from scratch. Before revoking a previous will, it’s best to contact an attorney; even a bad will is often better than no will, and you don’t want to revoke the old will before you’re ready with a new one.
When Do I Need to Update My Will?
Family events such as births, deaths, marriages, or divorces can all have an effect on a will. Changes in the amount or type of property you possess, such as when you purchase a home, can come into play as well. A change in tax laws could also prompt a change to a will or estate plan if the change directly affects you. Also, if your designated executor is unable to serve, you should update your will.
How Will the Court Divide My Property if I Die Without a Will?
Typically, your property will go first to your spouse, then your descendants (kids and grandkids), and if not them, your parents and/or siblings. This process gets significantly more confusing for “non-traditional” families, such as multiple marriages or non-married partners. The entire law can be found in Utah Code Ann. § 75-2-102.
What Is a Probate?
Probate is a court-supervised process of distributing a deceased person’s property. The probate process also ensures that creditors are paid. In Utah, probate is very streamlined, and if no disputes arise, it is possible to complete probate without having to go before a judge. However, filings still must be made with the court clerk.
It is also important to note that probate is a matter of public record. If financial privacy is important to you, you should consider using a revocable trust rather than a will; even if you have a will, your estate will have to go through probate.
What Age Should I Start Estate Planning?
The best time is now. Life changes quickly, and having an estate plan early lets you adjust it as needed.
How Often Should I Update My Estate Plan?
Review it every 3–5 years or after major life events like divorce, births, deaths, or significant asset changes.
What if I Have a Small Estate?
In Utah, if a person dies and owns less than $100,000 and has no real estate, the estate does not have to go through probate according to Utah Probate Code § 75-3-1201 through 1204.
What Happens Without an Estate Plan?
When a person dies without an estate plan, they are said to have died “intestate.” In Utah, there is a legal formula that dictates how a court should divide up your estate. Your loved ones will be forced into court (called “probate”), and a judge will use this formula to determine who gets what after, of course, taxes and court fees have been taken out first.
What Are the Requirements for a Will to Be Valid?
A will must be witnessed by two persons; both must see either the testator (the person whose will it is) sign the will, acknowledge their signature, or acknowledge the will. The witnesses must sign the will as a witness within a reasonable period of time thereafter. § 75-2-502.
What Is a Holographic Will?
Utah recognizes the validity of holographic wills. A holographic will is a document, written in the hand of the deceased person that was intended to constitute:
- the deceased’s will;
- a partial or complete revocation of the deceased’s will;
- an addition to or alteration of the will; or
- a partial or complete revival of his formerly revoked will or a formerly revoked portion of the will.
Holographic wills do not have to be witnessed as above since they must be in the handwriting of the testator. § 75-2-503
Do I Need a Lawyer?
While it is possible to make a valid will on your own, most people should consider consulting with an attorney to draft their will. Attorneys are able to assist clients with the following:
- Improving their estate plan by suggesting alternatives or considerations that might otherwise be overlooked.
- Avoiding problems caused by unclear language.
- Reducing or eliminating challenges on the grounds of undue influence, fraud, or forgery.
- An attorney should be consulted where:
- The gross value of your estate, including life insurance, employer death benefits, and anything you might inherit from your spouse or others, exceeds $600,000.
- Where one or more of your heirs may have trouble managing their affairs due to age, disability, lack of training or desire.
- Where there are businesses or partnerships involved.
- Where there might be substantial conflict among the heirs.
- Where there are any other unusual or bothersome circumstances.
Estate Planning & Probate, Utcourts.gov, https://www.utcourts.gov/howto/wills/ (last visited July 16, 2016).
What Should I Do With My Will After Creating It?
You should keep your will in a safe and easily accessible place. Also, be sure to let your executor know where the will is located. Having a lawyer involved also means that you know a copy will be kept safe in case something happens to your original.
Need Estate Lawyer Services in Logan, UT? Call Today
Estate planning requires attention to detail and legal knowledge. We don’t waste time with unnecessary complexity. Our goal is to give you clear, actionable guidance for protecting your legacy. Let our estate planning attorneys in the Utah area help you build a solid foundation. Contact us today to schedule your free consultation and take the first step toward securing your family’s future.
We also offer mediation services for those in need, including our state-of-the-art hassle-free mediation option. During your consultation, we can provide further insight on how it may work for you.
“Insanity [is] doing the same thing over and over again and expecting different results.” — Albert Einstein
