Tag Archives: estate plan

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.

 

 

Asset Protection, Estate Planning

Special Needs Trusts in Utah

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When you have a child with disabilities, it is imperative that you obtain help from a knowledgeable and experienced estate planning attorney. You will want to plan for your child’s care when you are no longer able to provide it, but you cannot leave outright funds to your special needs child. An inheritance from you could result in your child exceeding the limit for assets or income allowed in qualifying your child to receive government benefits. The most effective way for protecting your child is to create a Special Needs Trust.

A Special Needs Trust, also commonly referred to as a Supplemental Needs Trust, permits an individual with a physical or mental disability to hold an unlimited amount of property and assets in a trust for his or her benefit. If this type of trust is drafted properly, the assets it holds will not be considered when determining if the beneficiary qualifies for certain government benefits such as Supplemental Security Income (SSI), Medicaid, and other benefits that are based upon need. The Special Needs Trust provides for additional care and luxuries over and above the benefits provided by the government.

It is important to understand that the Supplemental Needs Trust be created before the beneficiary turns 65 years old. It is typically recommended that this type of Trust be created early in the child’s life as a long-term means for holding property for the benefit of the disabled individual. This can prove beneficial if the disabled family member receives money or gifts from personal injury settlements, transfers from relatives or friends, insurance proceeds, or similar payments.

The expenses related to establishing the Trust may be tax deductible. However, if the trust receives funds outright, it could have some tax consequences. Thus, it is crucial that you confer with a seasoned estate planning attorney that can ensure the Trust is properly drafted and that you are fully aware of the tax implications. In certain instances, it may be wise to allow the trust to pay the taxes and invest the net proceeds. Let us review your individual circumstances and give you the advice and guidance you need to protect your loved one with special 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.

Estate Planning

Is Your Estate Plan Complete?

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If you have an estate plan, you may be wondering if it is complete and comprehensive. This is especially true if your plan was created several years ago and your life circumstances have changed. Below is a checklist of questions you should consider regarding your current estate plan:

  • Do you have a Will and/or Trust, Healthcare Proxy and Power of Attorney?
  • Are the individuals or entities named as your executor, successor trustee, power of attorney or healthcare agent still the persons you want to serve in these roles?
  • Have you relocated since your estate planning documents were drafted? If so, do your documents still comply with the applicable law where you live?
  • Are you transferring any personal property to a person under the age of 18 years?
  • Are the beneficiaries you are giving your assets to capable of properly handling the bequests or new wealth?
  • Are there any specific gifts to certain individuals that you want to make?
  • Are any of your assets held in joint accounts or where you have a designated beneficiary? If so, do your estate planning documents match your designations?
  • Is your property being distributed to your beneficiaries outright or in trust?
  • Do any of your beneficiaries have special needs that should be considered?
  • Will your estate plan provide you with tax advantages?
  • Have you notified your loved ones of where your estate planning documents are located?
  • Have you left information regarding how to access your digital assets?

The above list is not exhaustive, but it provides you with a good start in determining where your estate plan stands. If you need assistance understanding the consequences of your plan as it is currently drafted or whether it should be updated, we can help. If you are like most people (and most of our clients), you understood your documents when they were signed, but they can be complex and you may not be clear now. A review with a good estate planning attorney can give you great peace of mind, or help you spot changes you may want to consider.

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

Events that Motivate Us to Create an Estate Plan

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It is common for people to procrastinate in creating their estate plan. Nobody likes to think about dying or how their family will move forward without them. At the same time, most people feel guilty if they don’t have an estate plan in place.

Over our years as estate planning attorneys, we have seen certain events cause our clients to jump-start their estate planning. Below are a few of the events that cause people to stop procrastinating and contact us:

  • A serious accident or troublesome medical diagnosis
  • The death of a close friend or relative
  • The birth of a child or grandchild
  • A vacation, especially one out of the country
  • Marriage or divorce

There are many other life events that can force you to think about your mortality and motivate you to get your affairs in order. Whatever circumstances, you are facing, you should put creating or updating an estate plan at the top of your “to do” list. You don’t want to wait until you are pressured to meet a deadline to make these crucial decisions. However, if you have a life event motivating you to take action, take the first by contacting us to schedule your initial consultation.

If you have procrastinated, and you believe that death is imminent, we can still help! Many lawyers, our firm included, will meet with clients at home or in a hospital, or do what is necessary to help a client who is dying or close to death and give them peace of mind. We think it’s worth it to take that concern off your mind. Let us help!

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

Can Probate be a Good Thing?

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You have probably heard that you should avoid probate at all costs. Generally speaking, this is good advice. The probate process can be time-consuming and expensive. It also puts your private affairs out into the public. However, there are certain circumstances where allowing a portion of your estate to go through probate can be helpful.

If there are numerous creditors with claims against the deceased’s estate, probate can be beneficial. The probate process allows you to set a strict deadline for creditors to assert their claims against assets being passed through the deceased’s Will. All creditors who fail to meet the deadline may be barred from seeking to recover the debt owed to them.

If you have created a trust, the assets transferred into the trust do not go through probate. As a result, privacy is maintained. That does not mean creditors can be avoided, but it does create hurdles for them to overcome. Further, if you have a trust, even if some assets have to pass through probate, with a “pour-over Will“, the probate process is much less involved. Without question, trust administration is faster than probate, with less restrictions.

You may want to consider creating a trust to protect the majority of your property, while also leaving certain assets to pass through the Will and through probate. This strategy requires significant planning if you are considering asset protection and avoidance of creditor claims. 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 You Can Learn From Estate Planning Mistakes Made by Celebrities

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Most people assume that the rich and famous have bullet-proof estate plans to protect their expansive estates. The reality, however, is that celebrities make the same estate planning mistakes as everyone else.

Below are some of the mistakes celebrities have made and that you should avoid, including failing to:

  • Appoint proper guardians. When choosing a guardian for your children, it is important to take a wide variety of factors into consideration. For example, Michael Jackson appointed his elderly mother to serve as the guardian of his children. Diana Ross was named as a successor guardian. However, due to his mother’s age, it left questions about what would happen if Mrs. Jackson died before his youngest child becomes an adult or if she became unable to care for the children. When choosing a guardian, you should consider whether the individual will be able to care for your minor children until they reach at least 18 years of age.
  • Update your estate plan. As your life progresses, your circumstances can change. Certain events require you to update your estate plan, such as births, deaths, divorce, marriage and other changes that your family changes. Failure to update your estate plan after one of these events can lead to unintended consequences. You should look at these concerns at least annually to consider changes.
  • Organize finances. The rich and famous typically have complicated finances that include a variety of accounts, insurance policies, and numerous valuable assets which often include business investments. Your financial situation may also be complex, even if it is to a lesser extent than that of a celebrity. Whether your estate is big or small, it is important that you organize your financial records. The more difficult it is for your loved ones to locate your assets, the hard the administration of your estate will be for them.
  • Avoid taxes. It is important to consult with an estate planning attorney regarding how to prepare your estate to avoid unnecessary taxation. Again, Michael Jackson provides an example of an estate that was subjected to costly taxes, among other problems. If he had created a trust, created a limited liability company to hold assets and/or purchased a large life insurance policy, he could have minimized the taxes against his estate and solve many other problems.

One of the most important steps you can take in avoiding common estate planning mistakes is to work with a knowledgeable professional 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, Uncategorized

Should You Include Your Pets in Your Estate Plan?

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Most people think about their spouse, children and friends when they are creating their estate plan. However, another loved one that you may want to consider is your pet. If you want to plan for the maintenance and care of your dog, cat or other animal after you are gone, there are several options to consider. You can appoint somebody to take care of your pet, but you may also want to financially provide for your animal’s care.

To plan for your pet, you need to work with a lawyer who is experienced in this area. An animal is not legally allowed to own money or assets, so you cannot make a direct transfer to your pet. However, you are allowed to appoint another person to take possession of your pet upon your death and you may leave money with your request that it be used to pay for the care of the animal. It is essential that you understand that unless you leave the money in trust, this individual may be morally obligated to honor your wishes and use the funds to care for your pet, but this person is not legally obligated to do so. You should also understand that unless you provide specific instructions for any remaining money left after your pet dies, the individual will be allowed to keep it. If the option of leaving it to an individual, and trusting them to do the right thing does not seem satisfactory to you, a pet trust may be something to consider. Most states recognize trusts created for the benefit of animals as being valid, but you should confer with an experienced local estate planning attorney to understand what your jurisdiction allows.

A pet trust can allow you to dictate how the money can be used for taking care of your pet, including:

  • Appointing the person to take care of your pet
  • Appointing a successor to take your pet if your first appointee is unable to do so
  • Appointing the individual to manage the pet trust
  • Outlining they type of care your pet requires
  • Leaving instructions for what to do with any remaining money after your pet dies

If you are interested in learning more about pet trusts or you have questions regarding other estate planning matter, contact our attorneys 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

Should you Pre-Plan Your Funeral?

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Even if you are a planner in all areas of your life, you are probably like most people and you do not like to think about dying. However, by pre-planning your funeral, you can remove a significant burden from your family. Planning a funeral right after losing somebody is stressful and can feel overwhelming. If you have already made the decisions for your family, they not only avoid the burden, but they also have the peace of knowing the plans are what you wanted.

What should be included in your pre-planned funeral arrangements? There is flexibility in creating your plan so you can select where you want to be buried, songs you want to play at the ceremony, speakers, topics, poems or verses to be read, the time alloted, the type of celebration, or anything else that is important to you.

Should I pre-pay for my funeral? It is usually not recommended that you pre-pay for your services. If the funeral home should file bankruptcy or otherwise close its business, you may lose your money; or terms and conditions sometimes change, making it different than what was expected. It is much safer to create a trust account, designated bank account, specifically designated insurance policy or other similar way to set aside the funds to pay for your funeral expenses when the time comes.

It is worth mentioning that if you have created your estate plan, your documents probably include a provision for paying your final expenses, which include the cost of your burial. Even so, you should still leave instructions regarding the final disposition of your body. For example, you should specify whether you want to be buried or cremated, as well as whether you want to be an organ donor.

If you are interested in creating an estate plan or learning more about pre-planning your funeral, contact us to schedule your 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

Estate Planning & How to Leave Your “Story”

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Most people think about estate planning as a way to distribute their assets, but it can be much more. It is also a way for you to pass on the “story” of your life and the meaning behind your possessions. Everything you own has a history behind it and it is important for your loved ones to know that history.

If you are a “collector,” it is likely that whatever items you collect each have stories. Whether it is pieces of art, classic cars, or figurines, every item means something to you. Was it something you bought while traveling? Does it remind you of a certain time in your life? These stories are worth passing on to your loved ones. All it takes is a little time and effort.

The easiest way to pass your stories to future generations is to not only tell them to your family members, but also to write them down. You can write a detailed letter to be kept with your estate planning documents. You can also take advantage of technology and create an audio CD or video for your loved ones. Additionally, there are certain websites created to guide you in taking inventory of your assets and leave notes or stories regarding each of them.

If your family members understand the sentimental value of your possessions, they will be much more valuable to them. Providing the history and meaning behind your assets gives your family and friends something they can truly treasure.

If you are interested in creating or updating an estate plan, we can help you not only ensure that your loved ones are protected, but that they understand the sentiment behind your possessions as well.

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

Recently Divorced? Time to Update Your Estate Plan

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When you create an estate plan, it is important that you do not file it away and forget it. If your life undergoes a significant change, it is important to update your estate plan to reflect those changes. Some of the common life changes that warrant updating your estate plan are marriage, death, birth and divorce. Many people don’t think about updating their estate planning documents during the divorce process, which can lead to unintended consequences.

When you file for divorce, you should contact us to update your will, trust, power of attorney or healthcare directive. Below are a few factors to consider:

  • Inheritance planning.  Your estate planning documents probably direct that all of your property and assets should be distributed to your former spouse upon your death. While the divorce is pending and after your divorce is finalized, you will likely want to name other beneficiaries in your will or trust.
  • Incapacity planning.  If you named your ex-spouse as your healthcare proxy or as the power of attorney over your finances, you should consider whether you should appoint somebody else to look after you or your money if you should become incapacitated.
  • Account beneficiaries. If you have accounts, policies, or other types of assets that allow you to designate beneficiaries, you should consider updating them during and after your divorce. This includes life insurance, pay-on-death bank accounts, IRA’s and retirement accounts.

If you are facing divorce or you have been divorced for a while and you need to update your estate plan, we are ready to help you.

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.