South Jordan Estate Planning Attorneys and Elder Law Attorneys
Experienced & Trusted Legal Representation in Utah
A well-crafted estate plan directs the management and disposition of your property after your mental incapacity or death. It also allows you to appoint an agent to speak for you regarding your healthcare decisions when you are unable to speak for yourself. Proper planning requires an understanding of your planning objectives, your family composition and relationships, and your financial resources and needs. Done correctly, estate planning can minimize the expense and burden to your family if you become mentally incapacitated or pass away, and helps prevent disagreements among family members about your care and estate.
As we grow older, our health care needs change, and planning for long-term care may be an important part of a plan to preserve your wealth and provide for your care in the future. A knowledgeable and experienced elder law attorney can help make sure your estate plan will serve you if you become mentally incapacitated and need someone else to help you with your finances or health care decisions. Elder law attorneys can help you put a plan in place to meet those changing needs and avoid the need for court-supervised proceedings to manage your finances.
Planning for your future is not the time to hire an attorney who dabbles in estate planning or advises everyone to have (and pay for) a pre-packaged estate plan. Our South Jordan estate planning attorneys at Carr | Woodall have extensive experience helping Utah families prepare for what’s ahead. We understand that there is no “one-size-fits all” solution. We custom tailor our estate plans for each client. We know how to craft plans that will enable you to have the peace of mind that your savings and wealth will be available for you when you need it, and that you will be able to pass it on to the next generation. We welcome the opportunity to share our experience and skill to assist you with creating an estate plan that will help provide peace of mind for you and your family.
Contact us at (801) 988-9400 for a free consultation about your estate planning needs.
Strategically Employing Estate Planning Tools
When it comes to planning your estate, there are several tools available to help you preserve your legacy and ensure that your wishes are carried out when you can no longer speak for yourself.
Tools estate planning attorneys use to help clients plan include:
- Wills. The purpose of a will, sometimes called a “Last Will and Testament”, is to provide instructions for transferring property that is titled only in the name of a person who is deceased. It provides instructions to the probate court about who is to be in charge of handling the administration of the estate and how your estate is to be distributed after you pass away. Since it only takes effect when a person dies, it does not help with any lifetime incapacity planning.
- Revocable Living Trusts. A revocable living trust provides for management of your assets during your lifetime, both while you are alive and well, or alive and not so well. It is also a tool for avoiding probate altogether, but only if all of your property is either owned by your trust, or if your trust is the designated beneficiary. As its name implies, you can change the terms of, and add property to or remove property from, a revocable trust at any time. After a person passes away, the successor trustee, appointed by you, steps in and manages the settlement process, which includes paying the bills, filing tax returns, liquidating the assets, and distributing everything to the beneficiaries as instructed by you in your trust.
- Power of Attorney. A power of attorney allows you to appoint an agent to act on your behalf if you are unable to act for yourself for any reason. A “durable” power of attorney continues to be effective even if you are not mentally able to make your own decisions. You choose the person who will be your agent, and you choose how broad or narrow that person’s authority will be. Without an effective power of attorney, your family may be forced to go to court to ask for appointment of someone to act as your guardian (to make life decisions for you) or conservator (to manage your financial assets).
- Utah Advance Health Care Directive. You can use this directive to appoint someone you know and trust to act as your agent to make health care decisions for you when you can’t speak for yourself. It also provides allows you to give directions about what kind of decisions you want your health care agent to make. Those directions include whether you want to participate in experimental medical treatments, whether you want to be an organ donor, and whether you want life-saving treatment at all costs or just comfort care to help you through a life-ending medical condition.
- Long-Term Care (Medicaid) Planning. You have worked hard to accumulate your wealth, and you should be the one who decides how it is passed on. Planning in advance can help you preserve your wealth if the unexpected happens. This includes planning for long-term care. The average monthly base price for a skilled nursing facility in Utah is $5,323 (source: https://www.seniorcare.com/nursing-homes/ut.). A private room costs an average $6,388 per month. The government has programs, including Medicaid, that can help pay for long-term care, but participation can put your hard-earned nest egg at risk because of Medicaid’s financial requirements. We work with you to put a plan in place to help protect your home and savings in the event that you need significant long-term care in the future.
- Guardianships and Conservatorships. Guardianships and conservatorships are created by a court for those who cannot legally care for themselves, such as minors, or adults who lack mental capacity. Those people are referred to in the law as “protected persons.” A guardian deals with the personal care of the protected person, and for small estates, the finances. A conservator (also referred to as a guardian of the estate) manages the financial affairs of the protected person. The court supervised process includes safeguards to ensure that the protected person’s interest is served. Having an experienced attorney guide you through the process will help you avoid unnecessary liability and reduce the risk of litigation with family members by helping you navigate the sometimes-difficult waters that accompany these situations.
- Crisis Planning. If you or your loved one has not done any estate planning or has an estate plan that doesn’t cover a current situation, it’s not too late. You may still be able to create a plan to preserve many of your assets and keep your home. This may require going to Court to put protections in place for you or your loved one, and often requires fast action to keep the estate from being drained by the nursing home until all assets have been exhausted. If you are in that situation, our attorneys can help you put the brakes on, and get you or your loved one in a safe and secure situation, while preserving as many assets as possible under the circumstances.
- Probate and Trust Administration. After a loved one has passed away, their estate needs to be administered. If they have a will or trust, the terms of those documents will direct how the estate is to be administered and who gets the property. If there is no estate plan, then Utah’s laws of intestacy will govern. (Intestacy is just a fancy lawyer’s word that means the person died without a will.) If you take on the work of administering an estate (as a personal representative in probate or as trustee of a trust), you have duties to protect and account for the property, and to make sure it gets distributed properly. Our attorneys are experienced in guiding personal representatives and trustees through this process and are ready to defend against challenges in the event of a contest. We also have experience helping our clients protect their rights as an heir or beneficiary. This is not a process you want to undertake on your own. Having an experienced attorney assist you will help avoid many of the nightmare situations that result, often quite innocently, from not being fully informed of your responsibilities, and not understanding how to carry them out.
Take Advantage of Our Experience & Knowledge
Every estate plan requires thoughtful consideration. An experienced and knowledgeable estate planning attorney will help save you and your loved ones a lot of trouble and expense getting through what is an already difficult time for most people.
Whether you simply need a will or a comprehensive estate plan, Carr | Woodall can help. Our South Jordan estate planning attorneys and elder law attorneys offer innovative solutions to help ensure that you and your loved ones don’t need to worry about loose ends or incur unnecessary out-of-pocket expenses upon your death or incapacity.
Call (801) 988-9400 to arrange a free initial consultation.
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