Estate planning can be comforting and useful. But it can also be a difficult subject to approach. When a loved one dies, the probate process can be equally disconcerting to the heirs.
In the event that you put off drafting a Will before you die, then according to the courts, you die intestate. Individuals that die intestate are then forced into the courts’ probate process. The term “probate” is the legal process of settling the estate of a deceased person; specifically, resolving all claims and distributing the decedent’s property.
It’s my goal to help you before your time of need by providing several services related to wills, estate planning, and probate. You can read about these services below.
You likely already have an idea of what kind of items and circumstances you’d like to leave for your loved ones. Having a sound estate plan is vital to ensuring that your wishes are respected concerning your property. Estate planning is also necessary for your peace of mind.
The main purpose of a Will is to designate the guardian of your choice to care for your minor children in the event that both you and your spouse should pass away. The other purpose of your Will is to make sure your estate is left to the exact people that you desire.
A Trust is an agreement between two parties: the grantor or creator of the Trust and the trustee. The grantor gives property to the trustee to hold for the benefit of the beneficiaries. A Trust gives you an increased level of control over your assets after your death, and can help avoid difficult and uncomfortable legal processes.
In the event a person becomes unable to make medical decisions for himself or herself, a Health Care Directive serves as a voice for the incapacitated individual.
The document’s purpose is two-fold: First, It designates an agent who will be authorized to make medical decisions on behalf of the incapacitated person. Second, it tells the agent and medical personnel how to proceed. This helps ensure that your wishes will be respected and you can also avoid any confusion or quarrels between your loved-ones about your health care.
The notion of probate is troubling for many people who have just recently suffered the loss of a loved-one. In certain situations probate may be avoided through careful estate planning. In other situations Utah law exempts certain estates from having to be probated, depending on the amount and type of assets involved. If you have recently lost a loved-one, we can help determine whether probate is necessary.
If probate is required, we can help you to administer the estate of your loved-one.
At times it may be necessary to dispute probate due to the inappropriate conduct of others. You may also find yourself having to defend your conduct to other heirs who have misinterpreted events assosiated with probate. We are ready to assist you in any of your litigation needs.
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