Monthly Archives: April 2015

Asset Protection

Should You Take Over Your Parents’ Finances?

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As your parents enter their golden years and they need help attending to their affairs, it is essential that you approach the topic with them carefully. The most effective way to handle this process is by preplanning, which may include establishing a trust, guardianship, conservatorship, and durable power of attorney. One of our experienced estate planning attorneys can assist you with any of these legal documents that can provide you a legal means for taking over your parents’ finances when they need help. The absolute best method (and least costly overall) is to help them create a trust where you, or some other trusted family member (or a bank), become a co-Trustee to help them manage their finances.

It can be difficult to approach your parents with this topic. Depending on your family relationships, you may want to consider whether you should appoint one person to discuss it with them, have a family meeting or include an attorney in the meeting. Whatever you decide is the best strategy for your family, it is imperative that you take action while they have the necessary mental capacity to execute the necessary legal documents.

One thing you should make clear to your parents is that you are not attempting to take control over their finances at this time. Rather, you are merely taking steps to prepare for when it may become necessary. If your parents are reluctant, you should also inform that it is not necessary for them to make a full finanical disclosure to you (or anyone else) at this time. All that is required is that you are told where their financial information is located and how to access it. Remember, you will want them to include their online login information and passwords so you can access their digital assets.

If you need help discussing these matters with your parents or you believe the information will be better received from an estate planning lawyer, we can help. If your parents will view this discussion as part of their estate planning process, it may help them not be as defensive about it.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

 

Estate Planning

End of Life Marriages

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We’ve all heard the story where a much younger individual marries a much older person and inherits millions when he or she dies. If you have an elderly loved one that got married in his or her final years, you probably have questions regarding the new spouse’s ability to inherit. No two cases are the same, so if you have suspicions regarding the validity of the marriage and/or the revised estate planning documents, it is important to confer with an estate planning attorney regarding your legal options.

If you were a named beneficiary of your loved one’s estate plan prior to the marriage, your main tool for recourse is to object to the newly drafted Will and/or Trust that names the new spouse as the sole beneficiary. Some of the most common objections include lack of capacity, undue influence or mistake. You may also want to submit evidence that the marriage was a sham. For example, if your loved one was incapacitated, you may be able to have the marriage voided.

It is important to understand that objecting to an estate plan or attempting to set aside a marriage is not an easy task. Thus, you should obtain the advice and assistance of a skilled attorney.

It should be noted that if you have concerns regarding an elderly family member being taken advantage of by another party, you can avoid many of the problems by obtaining a power of attorney and establishing a trust for the person. These types of documents can help you avoid litigation and protect the individual, saving you a considerable amount of time and money. It will also allow you to protect your loved senior citizen from being taken advantage of later in life.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Asset Protection Trust Attorney Utah
Estate Planning, Uncategorized

What does an Estate Plan Cost?

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If you are considering establishing a comprehensive estate plan, you are probably wondering how much it will cost you. Like most things, the answer depends upon your individual circumstances. Your family and your finances are unique, so your estate plan will be designed to fit your specific needs and goals.

Before one of our seasoned estate planning lawyers can provide you with an estimate to create your estate plan, we must review your financial documents and learn about your family structure. It is important that you do not jump to the conclusion that an estate plan is too expensive! In fact, when compared to what it will cost you and your family if you do not have an estate plan, the cost is typically very minimal.

If you die without a Will, Trust and other estate planning documents, it is likely that significant portion of your estate will go to pay taxes. Additionally, it can be expensive for your family to handle the administration of your estate through the probate procedures. By paying for your estate plan now, you can save you and your family thousands of dollars in the future. Finally, you should also consider how an estate plan may help protect your assets from creditors.

To learn more about what your estate plan will cost and how it can save you money, contact our office today. We can create an estate plan that is tailor-suited to meet your unique needs and that will provide you the peace of mind that you, your family and your wealth is protected.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

Important Questions to ask Your Estate Planning Attorney

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Creating an estate plan is one of the most important things you can do for your loved ones. Thus, it is critical that you work with a seasoned and knowledgeable estate planning attorney. Below are a few questions you should consider asking lawyers you are considering hiring:

What percentage of the lawyer’s practice is estate planning?

Estate planning is a complex area of the law, so it is essential to work with a lawyer who focuses on estate planning, estate tax reduction, and stays current on the applicable laws. An attorney who merely dabbles in estate planning will not be prepared to handle complicated and family and financial issues. You want to work with a professional who has handled situations similar to yours and who can help you accomplish your estate planning goals. Ask the question, how many trusts, wills or estate planning clients have you met with this week or this month. The answer will be very important to you. If an attorney isn’t meeting with multiple clients each week on estate planning matters, you should consider someone else who is.

Will the lawyer provide assistance after the documents are drafted?

It is important to have an attorney who will properly draft your estate plan and provide assistance with the practical side of it too. For example, your trust document will only benefit you if it is properly funded. A good estate planning lawyer will provide you guidance and detailed written instructions on how to properly title your assets in the name of the trust.

How will you be billed for the lawyer’s services?

Before you retain an attorney, you should understand whether you will be charged a fixed fee for the majority of the services or if the law firm uses an hourly rate. If you agree to a flat fee, you should understand what services are and are not included in the fee. You should also understand how you will be charged for services that are not included in the fixed fee.

The above are just a few examples of questions you should cover with a lawyer before you hire him or her to create your estate plan. One of the most important questions, however, is one you must ask yourself. That is, do you trust and feel comfortable with the attorney? It is important to work with an estate planning lawyer that you not only trust is sufficiently knowledgeable and skilled to assist you, but also one that you can comfortably discuss some of your most personal and private information with.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

How to be Prepared for the Unexpected

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We all know that life can change in an instant. Regardless of your age or your financial status, estate planning is critical to protecting your loved ones in the event an unexpected negative event occurs. Below is a checklist to consider in creating a “safety net” for your family:

  • If tragedy should strike, you want to have the financial resources to deal with it. This means having medical insurance and life insurance.
  • Execute the necessary documentation evidencing how you want your end-of-life medical treatment to be handled. This may include signing a living will, appointing a health care proxy, and/or signing a Do Not Resuscitate (DNR) order.
  • If you have minor children, it is essential that you appoint a guardian to care for them in the event you are unable to care for them yourself.
  • It is important to create a will or trust that sets forth who will inherit your property and assets. You should verify that any real estate, bank accounts, or financial assets that you own are titled to reflect your intent as set forth in your estate plan.
  • Take steps to organize your important records and make sure your loved ones know how to access them. You should include instructions regarding your digital assets as well.
  • Consider pre-planning your funeral and/or burial arrangements.
  • Review your beneficiary designations on your retirement accounts, life insurance policies and other pay-on-death assets.
  • If you have a pet, consider creating a plan for its care.
  • Have open and honest conversations with your family, friends and other loved ones so your intentions are clear.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

 

 

Estate Planning

Could Your Assets go to an “Unintended Beneficiary?”

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When you create an estate plan, it is important to pick your beneficiaries carefully. However, it is also important to understand that if one of your beneficiaries dies shortly after you, the assets you leave to that person will pass to his or her beneficiaries. For example, if you leave your estate to your second wife and nothing to your kids, but she dies a few weeks after you die and her will names her children from a prior marriage as her sole beneficiaries, your children will inherit nothing from you. Obviously, this is not what you would have wanted to happen.

How can you prevent this from happening? You may want to include a survivorship clause in your will. This provision requires a 90-day waiting period before any assets can be distributed to your heirs. You should also think about the relationship with the named beneficiary. For instance, in the situation where your beneficiary is a second spouse and you both have children from previous marriages, you should consider including a contingency that if your spouse (the primary beneficiary) does not survive you for a set period of time, then the remainder of your estate should transfer to your children (or other named secondary beneficiaries).

You should also consider leaving your assets in Trust. By using a Trust you can provide support and use of assets to your spouse, but when your spouse dies, the assets go to your children. In second or blended family situations, a Trust is often the preferred tool.

When you are creating your estate plan, it is essential that you ask the “what if” questions. We can help you with trying to anticipate the different scenarios you should plan for in your estate plan. If you have an existing estate plan, we can help you review your beneficiary designations and ensure that your assets will be distributed exactly how you want.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Asset Protection

Are you in the “Sandwich Generation?”

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You may have heard the term “Sandwich Generation” being used to reference individuals who have become a caretaker not only for their children but also for their own parents or their in-laws. Being in this position can be extremely difficult and leave you exhausted and stressed. Additionally, it can take a major toll on your finances to spread them among three generations. As a result, it is imperative that you plan ahead and safeguard your immediate family as well as your parents and/or in-laws.

Where do you start? You should immediately have a conversation with your parents/in-laws about planning ahead. If they do not have a comprehensive estate plan, they should contact us immediately to create one. This includes establishing a will and/or trust setting forth how your assets should be distributed, health care directives, power of attorney, and possibly whether you should purchase long-term care insurance. You should also have an open and honest discussion regarding whether your parents want to be kept alive with life-sustaining equipment or measures. Your parents will likely feel a sense of relief knowing that their affairs are in order and that their wishes will be carried out.

While every situation is different, if you have taken on the role of caretaker for your parents it is important to protect your own finances. In other words, find a balance between providing for your parents and children, while also protecting your savings, retirement funds, and your future. Remember, your children can obtain student loans or work while they are in school to pay for their education. Additionally, your parents should use their own finances and assets to pay for their care as long as possible.

If you or your parents need help planning for the future, we can help. Let us review both your and your parent’s individual circumstances and determine the best strategy for you to take.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Asset Protection

How Con Artists Use Social Media to Scam the Elderly

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Due to their dependence on others, the elderly are often the victims of financial scams. It is becoming increasingly common for seniors to have an active online life. Whether they are using the internet to monitor their stock purchases or to view pictures of their grandchildren, technology allows them a way to connect with others. Unfortunately, it also provides a way for scam artists to use information found online to perpetrate fraud against the elderly.

For example, a common scam against older adults begins with a telephone call to a grandparent. The scammer has discovered personal information on Facebook or some other social media website that the scammer uses to get the senior to trust him or her. They may say they are a friend of the elder’s grandchild (using the grandchild’s name) and claim that the grandchild is in trouble and needs financial assistance. This type of call is often made later at night when the elderly are more likely to be easily confused. In some cases, the con artist even pretends to be the grandchild requesting money, and then an alleged physician or arresting officer gets on the phone. For a trusting grandparent eager to help, this type of telephone call can quickly lead to him or her becoming the victim of financial abuse.

If you have a loved one that is an older adult who has social media websites, it is important to discuss these types of scams with him or her. It is essential that they never wire money or provide their account information without verifying the “story” first. One quick telephone call to a family member of even to their grandchild to confirm the truth of the telephone call can save your loved one a substantial amount of money and hassle.

For more information on how our elder law attorneys can assist you and your loved one, contact our office to schedule an appointment.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

 

Estate Planning

Protecting Your Medical Future

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When you are signing medical documents, it is important that you fully understand what you are agreeing to and the consequences that will result. Two of the documents that are important to consider in protecting your medical care in the future are an Advanced Health Care Directive, and a Do Not Resuscitate Order (DNR)

DNR

Many people do not want to be kept alive under certain circumstances, such as if they are being kept alive solely by machines. A DNR provides your instructions to health care providers that you do not want heroic measures, such as cardiac compression, defibrillation and artificial ventilation, to be used to resuscitate you or keep you alive. A DNR should only be used when you are close to death, and must be signed by a physician. An elderly person who is otherwise healthy and active, should not sign a DNR which would prohibit emergency providers from restoring life in an accident or other health care event.

Health Care Directive

You can appoint another individual to act as a health care agent to make medical decisions on your behalf if you are unable to do so for yourself. Your Advanced Health Care Directive can also give your agent authority to review your medical records. It is crucial that you provide the person you appointed to serve as your agent, your primary doctor and your lawyer with a copy of your health care documents. The Advanced Health Care Directive also allows you to give end of life care instructions if you have a health care event where you are unlikely to survive or recover, or you have a disease which leads to death and you are in the last stages of that disease.

Your Utah Advanced Health Care Directive should include your name, telephone and address and the name, telephone and address of the individual you are appointing as your agent, the name and similar information for an alternate agent, the power and authority being granted to the agent, your signature and witnesses. Having your medical documents witnessed is necessary to establish that you signed the document willingly and that you were of sound mind.

If you are interested in learning more about how to properly plan for your future medical care and end of life decisions, contact us to schedule an appointment.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.