Category - Irrevocable Trust

Utah Law Can Prevent Trust Litigation

March 6, 2018

One of the main reasons people choose to use a trust for their estate planning is the desire to avoid probate (i.e., court proceedings) and thereby preserve privacy.  In the normal course, there is nothing that prevents trust litigation.  Happily, Utah has a law designed to do just that. Let’s first review the fact that […]

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Protecting your assets with an LLC; a legal firewall

June 3, 2016

As the name would suggest, a limited liability company is designed to limit liability–it is supposed to function as a legal firewall. There are many purposes for LLCs in today’s world of business, law, tax and accounting work, but these nifty legal entities were originally designed to serve asset protection and liability limiting functions. If all goes according to […]

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What’s $300 million among friends?

April 27, 2016

This relates to yesterday’s post about the recent passing of Prince and the probable court battles which are about to begin as step-family and former friends and associates of all sorts try to get their hands on a portion of Prince’s estimated $300 million estate. I was visiting yesterday with a CPA with whom I […]

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Prince had no will or other estate planning papers and the vultures have started to gather

April 26, 2016

This pattern, though sad, is not new. For some reason, many of the ultra-wealthy choose to do little or no estate planning. For that matter, many who are not wealthy make the same choice. Unintended consequences often follow. First, let’s remember the context of this discussion–namely, the death of Prince. Nothing here is intended to […]

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Staying Eligible for Medicaid After The Death of a Spouse

November 26, 2013

Determining eligibility for Medicaid can be tricky at the outset and maintaining eligibility over time can also be complicated. With the rising costs of long-term care, including nursing home expenses, Medicaid and being qualified for the same is becoming an ever-more-important subject for many people. There are certain rules and regulations established by state and […]

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Staying Eligible for Medicaid After The Death of a Spouse

November 26, 2013

Determining eligibility for Medicaid can be tricky at the outset and maintaining eligibility over time can also be complicated. With the rising costs of long-term care, including nursing home expenses, Medicaid and being qualified for the same is becoming an ever-more-important subject for many people. There are certain rules and regulations established by state and […]

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Estate Planning Myth: “I’ll lose control of my property…”

July 8, 2013

Losing control of property is a genuine concern for some people when they consider the topic of estate planning. However, the reality is that when using a qualified estate planning attorney, the vast majority of the time a person who undertakes to establish and maintain a proper estate plan will retain total control of their […]

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modifying or terminating an irrevocable trust under Utah law

June 5, 2013

An irrevocable trust is normally not subject to change–hence the name “irrevocable”. Therefore, it can often be said that the terms of an irrevocable trust are “set in stone”. However, under the laws of certain states, including Utah, it is possible to modify and even terminate an irrevocable trust, subject to certain parameters (i.e. according […]

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