Tag Archives: Utah

Estate Planning

Utah Guardianships & Conservatorships

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The terms “guardianship” and “conservatorship” are often used interchangeably. While they are both labels given to a party who is granted authority to act for somebody else (the “ward”), they have different meanings. A guardian or conservator is appointed by a judge.

A guardianship is comparable to the parent-child relationship, but the guardian is not legally responsible for the acts of the ward. Additionally, the guardian is not required to use his or her own money to provide for the ward. A guardianship is typically granted when the ward is mentally incapacitate or is otherwise no longer capable of taking care of him or herself. A guardian can be appointed to care for a child or adult.

In the order appointing a guardian, the court will set forth whether the authority is limited or full. If it is a limited guardianship, the guardian only has the power to make decisions about certain things. If the guardian is given full authority or a plenary guardianship, he or she can make decisions about all aspects of the ward’s life.

A conservatorship is similar to a guardianship, but it only grants the appointee the authority to manage the ward’s property and finances. A conservator is not able to make personal decisions for the ward. Only guardians have the ability to make decisions such as where the ward will live, the medical treatment the ward receives, how to meet the wards daily needs, and other similar decisions.

Both guardians and conservators are required to file reports with the court. Reports by guardians must inform the court of the ward’s status every year. A conservator’s initial report must include an inventory of all of the ward’s assets and each yearly report must contain an accounting of the ward’s estate. Failure to file a required report with the court or making a substantial misrepresentation in a report can result in a hefty fine.

If you are interested in learning more about being appointed as a guardian or conservator for a loved one, call 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.

Estate Planning

What does a Utah Probate Cost?

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If you are handling the estate of a loved one, you are probably wondering how much a probate action will cost. No two cases are identical, so there is no easy answer to this question, but below is some general guidance:

Attorney’s fees

You will need to ask your probate attorney if they charge an hourly rate, a set fee, or a combination of both types of fees. The attorneys at the Astill Law Firm try to fully inform you upfront what our fees will be so you know what your budget will be. You should never retain a lawyer without understanding how you will be billed.

Paying an attorney out of the estate

In Utah, a lawyer is not permitted to charge a percentage fee based on the assets of the estate. However, the personal representative is allowed to use estate funds to pay the lawyer’s fees.

Additional expenses

Some of the other costs related to a probate action include a court filing fee which must be paid to the court clerk at the time the probate is filed. If disputes arise within the probate case, you may be required to pay mediation fees in order to reach a settlement. There are some costs related to publishing notice of the probate to creditors in local newspapers. If the decedent owned real property or other valuable assets, an appraisal may be needed. Finally, if disputes cannot be settled and lawsuits are filed, there may be additional expenses. It is important to ask your lawyer to explain any anticipated costs so you know what to expect.

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

Personal Representatives in Utah

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A personal representative is the name used to refer to the individual who administers the estate of a deceased person. To be eligible to serve as a personal representative, you must be 21 years of age or older, of sound mind, and have no conflicts of interest with the estate.

In some cases, more than one qualified individual may want to serve as the personal representative of an estate. If this occurs, appointment occurs in this order:

  • the person appointed in the will being probated
  • the deceased’s surviving spouse who is an heir of the deceased
  • other devisees of the deceased
  • the surviving spouse of the deceased
  • other heirs of the deceased
  • if no other individual has been appointed within 45 days after the person dies, a creditor can be appointed

It is also possible for an estate to have more than one personal representative serving at the same time. They are referred to as “joint personal representatives” or “co-personal representatives.

Once a personal representative has been appointed, he or she has numerous duties and obligations under the law, including:

  • obtaining control over the estate’s assets
  • preparing an inventory and appraisal of the property owned by the decedent
  • providing financial reports to “interested persons” who request it
  • filing tax returns and paying an taxes due
  • giving notice to creditors
  • paying valid debts of the decedent, including expenses related to administering the estate
  • determining and making the distributions to be made to heirs and beneficiaries
  • Closing the probate action

If you have been appointed as a personal representative and you need help, contact us for 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

Utah Probate Basics

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Many of our clients come to us because they have lost a loved one and they have no idea if a probate action is necessary or not. Below are some of the most commonly asked questions and answers, but we encourage you to contact us for help with your individual situation.

 Is a probate necessary if the decedent left a will?

Probably. If the decedent left assets or property that needs to pass to heirs, a probate action is necessary whether or not the deceased left a will. A court will follow the terms of the will to determine the heirs and beneficiaries of the deceased’s property.

Is a probate necessary if the person died without a will?

Again, if the individual left assets that need to pass to heirs, a probate action is required. Without a will to provide guidance, the court will follow Utah’s laws of intestacy (Utah Probate Code, sections 75-2-101 through 75-2-103). You may hear the probate case for a person who died without a will referred to as an “appointment action,” which refers to the appointment of a Personal Representative by the court.

Is a probate necessary if there is a Trust?

Maybe. If a Trust has been created and all of the deceased’s property was left in the Trust, it can be an effective way to avoid probate. However, if the decedent left property out of the trust, a probate action may be necessary. A probate may also be needed to defend against lawsuits filed by creditors of the deceased or if the decedent left a minor child who needs to have a guardian appointed.

Can a will from another state be probated in a Utah probate court?

A will drafted in another state can be submitted for probate if the maker of the will resided in Utah or had property located in Utah at the time of his or her death. The will must be valid in the state where it was executed in order to binding in Utah.

If you are wondering if a probate is needed, contact us for the answers you need. 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.

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Who Can Serve as an Executor in Utah?

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9017410_sWhen you are creating an estate plan, it is important to choose an individual you trust to serve as the executor, personal representative, or trustee of your estate. This can be one of the most important decisions you make in your estate plan and in protecting your loved ones.

In order to serve as an executor of an estate in Utah, the individual must be 21 years of age or older and fit to serve. The court will decide if a person is fit to serve, but it typically must find that he or she is of sound mind. It must also be established that the individual does not have a conflict of interest with administrating the estate which would inhibit his or her ability to act fairly and impartially.

If nobody has been appointed to serve as the executor and more than one qualified person desires to serve, the court will appoint in the following order:

  • the deceased’s surviving spouse
  • children of the decedent, with equal priority
  • other heirs or named beneficiaries of the decedent
  • a creditor, if no other individual or interested party is appointed with 45 days after the death of the decedent

You should ask yourself if you want to leave it to chance and the discretion of the court and your children or spouse. If you have questions regarding creating a comprehensive estate plan or who to appoint as the executor of your estate, we can 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.

 

 

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How Much Does a Utah Probate Cost?

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piggy bank question mark 600pxOne of the most common questions we get from our clients is “how much?” The simple answer is “it depends.” Whether it is creating an estate plan or filing a probate case, no two matters are identical. Let us review your individual circumstances and help you get an idea of what your matter will cost. Regardless, having us by your side to ensure everything is handled correctly will save you and your loved ones a significant amount of money in the long run.

Attorney’s fees

Every law firm has its own method for billing clients. Most probate lawyers charge either an hourly rate or a set fee for their services. It is possible for an attorney to combine these two fee methods. You should never retain a probate attorney until you understand how you will be billed and what services will be provided.

You may be wondering if a Utah probate lawyer can be paid a percentage fee based upon the value of the estate. The answer is “no.” Percentage fees are not allowed for filing or administering a Utah probate. However, an attorney may agree to a percentage fee in certain probate-related lawsuits. For example, if a lawyer represents you in attempting to recover assets of the estate or a lawsuit claiming financial abuse during the probate, a percentage fee may be allowed.

Other probate costs

Depending on your probate action, below are a few additional costs that may be incurred:

  • Filing fees to initiation the probate action
  • Fees associated with providing notice to creditors of the probate action in a newspaper
  • Appraisal fees if certain assets of the estate must have their value determined
  • Accountant’s fees
  • Mediation costs if a dispute arises during the probate case
  • Additional filing fees if lawsuits are filed
  • Witness fees and expert witness fees if a related lawsuit is filed

If you are worried about the costs associated with creating an estate plan or filing a probate action, call us for help. Don’t let your fears about cost stop you from administering the estate promptly and properly. The only thing that happens with delay is that things get more complicated and more costly.

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.