Tag Archives: attorney

Estate Planning

Conflicts with your Estate

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When establish your estate plan, it is important to confer with a knowledgeable lawyer. Attempting to draft a Will or trust without professional help can result in many costly errors. To learn more, please read our blog titled “DIY + Estate Planning = Trouble.” One type of mistake that can have significant consequences is when a conflict occurs. Below are some of the reasons why conflicts occur:

  • You die without a Will or your existing Will has not been updated recently
  • Your Will is ambiguous, contradictory or otherwise written improperly
  • Your Power of Attorney was not written correctly or the appointee is abusing the powers granted to him or her
  • Your family is unaware of your wishes and expectations
  • Your estate plan makes unequal distributions to your heirs without any explanation
  • The validity of your Will can be challenged because it was signed while you were incompetent or under duress
  • Conflicts exist in the trust terms between current beneficiaries and the remainder for contingent beneficiaries
  • Your DIY will is not properly executed (meaning its invalid!)

Any of the above conflicts in your estate planning documents can result in confusion and even costly litigation between your loved ones.

Don’t be caught unprepared or with an estate plan that fails to accomplish your goals. If you are concerned with what will happen to your children or your property, or you want to eliminate estate taxes, let us help. We can assist you in creating an effective estate plan and asset protection strategy. It was pointed out to me recently that a good estate plan costs less than .02% of the average estate. That’s a very small price to pay, to know that your heirs are protected and that your estate plan will survive an attack from someone who may be unhappy with your plan. Clearly stating your intentions and unambiguous documents clear the way for a smooth distribution after you are gone!

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

What is the “Reading” of a Will?

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Many movies portray the reading of a Last Will and Testament as a dramatic event that the entire family attends. Although the reading of wills occurred in earlier times when copying legal documents was costly and there was widespread illiteracy, today dramatic will readings are left only for the movies or television shows. For most estates, the attorney for the deceased will determine who is entitled to receive a copy of your Will so they can read it for themselves.

The individual you appointed as your personal representative or trustee and the named beneficiaries should each be provided a copy of your Will. In some situations, it may be wise for an accountant or an experienced estate planning attorney familiar with taxation issues to also review the Will and decide what it provides regarding paying creditor’s claims and estate taxes.

If certain parties emerge to object to the validity of the Will (for example, disinherited heirs), a copy of the Will is typically provided to them as well. If the challenge to the Will is based upon a question of which of the deceased’s Wills is effective and current, this simple disclosure can generally resolve the dispute. If the dispute is not resolved, your lawyer will want to set a deadline for filing an action to contest the Will.

It is important to note that once your Will has been admitted for probate, it becomes a public record that can be accessed by anyone who is interested in reading it. There are certain situations in which the beneficiaries may seek permission from the probate court to seal the court records and prevent public access to the Will, but you must obtain a court order for this to occur. Most judges only approve this request in rare circumstances. If maintaining your privacy is a critical concern for you, creating a Trust may be an option to consider in establishing your estate plan.

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

3 Tips for Lowering Your Estate Planning Legal Fees

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There numerous areas in your life where you can save money by “doing it yourself.” However, estate planning is one area where DIY can cost you more than you might expect. Each state has very specific laws that apply and the process can be quite complex. Our experience with DIY wills or trusts has been uniformly bad. They may be good forms fundamentally, but the lack of understanding of terminology and lack of experience with the forms or estate planning concepts generally, often results in a bad document.

Most people fear that creating an estate plan will be expensive, but it doesn’t have to be. Keep in mind that “expensive” is a relative concept. If you have hundreds of thousands or even millions in assets, spending a few thousand dollars to make sure the assets transfer according to your wishes is a very modest cost. You can also create your plan in steps and following these three tips may help to lower your legal fees:

  • Get organized. Before you attend your initial consultation with your estate planning lawyer, get your documents and records organized. This includes creating a comprehensive list of all of your assets and all of your liabilities and debts. You will want to decide who your beneficiaries will be as well as who you want to appoint as your personal representative or trustee. If you have minor children, you should decide who you will want to appoint as the guardian of your minor children if you should become incapacitated or die. Finally, consider who you will appoint to make medical decisions for you if you are unable to do so for yourself. Don’t be surprised when your experienced estate planning attorney gives you guidance that causes you to change your mind as you formulate your plan. That is the benefit of using someone who understands this area of law. They can see things you don’t.
  • Keep it straightforward. If you can keep your estate plan simple, it can save a lot of money. Also, the more complex your estate plan is, the more expensive it will likely be to maintain as time passes.
  • Maintenance. It is important to review your estate plan each year and to make any necessary changes as you discover them while they are minimal and not as expensive. If you wait several years before reviewing your estate plan, making the necessary updates could be more costly.

Having a comprehensive estate plan can save you and your family money in a variety of ways. We can help you avoid costly estate taxes and create asset protection strategies. To learn more about how we can assist you, schedule your initial consultation.

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

Your Estate Planning Attorney

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When you are ready to create your estate plan, it is important to work with an attorney that you trust. Estate planning is a private matter that requires you to have confidence in your lawyer, so you should be careful in whom you choose. It can be helpful to obtain referrals from family and friends. You should also contact your local bar association to further investigate the attorney’s qualifications.

Once you have scheduled your initial consultation with your attorney, you should take steps to prepare for the appointment. This includes writing down all of your questions and organizing your records. Additionally, you should start preparing to answer the questions your attorney is likely to ask you, including:

  • What is your approximate net worth?
  • Who do you want to appoint as the personal representative or trustee of your estate?
  • What are your most significant assets (real property, businesses, investments, etc.)?
  • Who will you name as your beneficiaries?
  • Are you going to specifically disinherit anyone?
  • Who will you appoint as the guardian of your minor children?
  • Is there any information about your family or the property you own that will impact the way your estate planning should be handled (such as a special needs child)?

If you are prepared to answer the above questions, it will help your estate planning lawyer get started on creating an estate plan that will effectively meet all of your needs and goals. Contact us today to schedule your initial consultation with an estate planning you can trust.

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

An Elder Law Attorney’s Tips for Interviewing a Nursing Home

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Looking for the right nursing home for yourself or a loved one can be a complicated task. It is an important decision that should only be made after conducting due diligence. You should ask your friends and family for references, as well as look online for feedback. You should also visit and interview the staff at more than one facility. Below are some of the questions you should consider asking:

  • What is involved in the admission process? Are there specific financial requirements?
  • Is your nursing home certified by Medicaid and Medicare?
  • What is included in the monthly fee? What are additional items that may be billed?
  • How many staff members are on duty during each shift?
  • How are staff members trained and screened?
  • Are there extra-curricular or educational activities for the residents to attend?
  • Do residents have access to transportation for errands or non-emergency medical services?
  • Does the facility have a physician on the premises?
  • Are residents allowed to go outside? If so, is the outdoor area safe?
  • Will the resident have a roommate or share a bathroom with others?
  • How are meals served? You may want to sample the food for yourself.
  • How often will a resident’s plan of care by reviewed and/or updated?
  • Can you observe your loved one by video to make sure they are not being abused?
  • How do they control visitors of your family member?

The above list is not exhaustive, but it gives you an idea of some of the areas you should cover with each facility you tour. It is also important to select a living facility that is close to friends and family because having visitors is important to a resident’s well-being.

If you have questions regarding elder law matters, contact our knowledgeable attorneys for an initial consultation. 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

Choosing YOUR Estate Planning Attorney

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When you are creating your estate plan, one of the most important decisions you can make is selecting the right attorney to assist you. Your estate plan is a personal and private matter, so you want a lawyer that is not only experienced, but one that you trust and makes you feel comfortable.

How do you find a good lawyer? Many people ask family and friends for referrals. However, the best lawyer for them may not be the right attorney for you. Your local Bar Association may also provide you with a list of estate planning lawyers in your area, but there is no assurance that these attorneys are qualifed. They are simply lawyers who signed up with the Bar to receive referrals. The best way to find your attorney is to do your due diligence. That means asking your friends and family how they know the lawyer, what kind of work he or she has done for them, and if they consider the lawyer an estate planning expert. Then do your own research which is easy now via the internet. Other lawyers usually know who the experts are also. But beware the laywer who does divorce or bankruptcy or personal injury or criminal law and says “sure I can help you with that”. You truly want a specialist. However you find your attorney, it is helpful if you are prepared for your initial meeting with him or her.

How do you prepare for your first meeting with an estate planning lawyer? First, ask them to verify that they are an expert in estate planning. Ask them how many trusts they prepared that week or how many clients they met with for estate planning purposes that week, that month, or in a year. If they can’t tell you they have had at least three appointments each week for estate planning work, they are not a specialist.

If you’re comfortable with the lawyer, then you want to focus on your problems. You should make a list of the questions you really want answered. This will help ensure you don’t forget to ask them. Also, if you have your records organized, it will assist the attorney in getting a general idea of your financial and family situation. Finally, think about what you want to accomplish with your estate plan. If the lawyer has a clear idea of what your goals are, he or she will be able to make suggestions for the type of estate plan your should consider creating. Your lawyer should help you identify your goals.

Below are a few things your attorney is likely to ask:

  • Who do you want your beneficiaries to be?
  • Who you want to appoint to serve as the trustee or personal representative of your estate?
  • What is your estimated net worth?
  • What are your most significant assets?
  • If you have minor children, who you would appoint as their guardian?
  • Are there any details about your beneficiaries or your estate that may affect the way your estate planning should be handled (such as a family member with special needs)?

Spending time preparing for your initial consultation will not only expedite the estate planning process (which saves you money), it also helps ensure that you end up with an estate plan that accomplishes all of your goals. Remember, this is your life, your family and your estate plan. Don’t let your lawyer make all the decisions – stay active in the process and make sure it is done the way you want it done. Finally, find out how long it will take to be completed. For most estate plans, we can complete the work within 3-4 weeks from start to finish. Any longer and things just don’t get done.

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

The Initial Meeting with your Estate Planning Lawyer

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Business handshakeYour estate plan is a personal matter that should be discussed with and drafted by a lawyer you trust. While it can be helpful to obtain referrals from family members and friends, it is important to understand that the right attorney for them may not be the best fit for you. Many people also find lawyers by contacting their local bar association for a list of local, qualified estate planning lawyers. Don’t get pressured into using a professional that you are not comfortable with using. However you locate your attorney, it is essential to prepare for your initial consultation with him or her.

Before you first meeting with a lawyer, you should make a list of questions you want to ask so you don’t forget to get the answers you need. It is helpful if your documents and records are organized. You should also consider what your goals are for your estate plan. This will assist your attorney with making recommendations for the type of plan you should create.

A few pieces of information that will be helpful for your attorney to have include:

  • A list of your beneficiaries, including anyone you want to specifically exclude from your estate plan
  • Individuals who you want to appoint to serve as the trustee or personal representative of your estate
  • An accounting of your most significant assets, including bank accounts, real estate, investment accounts, IRA or 401(k), life insurance, or other valuable items. It is also helpful if you know how assets are titled, i.e., joint tenants, individual names, etc.
  • If you have minor children, you should consider who you want to appoint as their guardian
  • If there are any special circumstances about your family or your estate that may impact the way your estate planning is handled (such as a special needs family member), be sure to discuss this with your lawyer

Taking the time to prepare for your initial consultation with your estate planning attorney will help expedite the process, which in turn saves you money. It is important that you remain active in the estate planning procedure and don’t rely on the lawyer to simply “handle things” for you. This is not your attorney’s legacy, so you want to ensure it is done the way you want! Your attorney should be a good listener, so that he makes sure he understands your needs, and then tailors your documents to fit those needs.

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.