Category - Probate

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 […]

Read more >

Should you update your trust?

February 14, 2017

If you already have a trust, you should be commended for your wise planning. However, as time passes and laws change, it makes sense to review and update your trust to ensure that it remains consistent with your goals. I spend a significant amount of my time each week reviewing legal documents drafted by other attorneys (and sometimes […]

Read more >

variations on a common theme–assets outside a trust

May 9, 2016

A Trust can be compared to a safe, a barn or some other type of protective structure. Each of these protects and preserves only those items within. This is a common theme about which we have written and spoken many times previously. Even so, while answering public inquiries on an internet Listserv earlier today, I was […]

Read more >

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 […]

Read more >

Angel or Devil? New book will soon be available

March 24, 2016

Each of us is both good and bad (depending on the day and circumstance).  Our life planning should reflect this reality. The new book is based on this idea, which I was first reminded of when reading a book by Tolstoy a few years ago, wherein is found the following profound statement: “Men [and women] […]

Read more >

NY Times Article on David Bowie’s Will

February 17, 2016

Want to know how David Bowie split his $100 million estate? You can get a copy of his Will and read all about it yourself. A recent New York Times article details the manner in which David Bowie split his estimated $100 million estate among family, friends and others. The article also gives details about […]

Read more >

What is a Living Trust? How is it different from a Testamentary Trust?

June 29, 2015

When and why is a Trust considered “living”? There are many different kinds and flavors of Trusts. Because of the great diversity of Trusts, we utilize different categories and groupings to distinguish certain Trusts from other types of Trusts. Among the most basic distinctions in the world of Trusts is that of a Living Trust […]

Read more >

Why Would I Want to Avoid Probate in Utah? (part 3) (estate planning basics)

May 29, 2015

When it comes to our loved ones and our property, most of us would greatly prefer to be in charge and to make our own decisions, rather than leaving control to another person or a court. This is a continuation of the discussion of why you might want to avoid probate. As noted in earlier […]

Read more >

Why Would I Want to Avoid Probate in Utah? (part 2) (estate planning basics)

May 23, 2015

When a professional is billing you by the hour, things can get expensive in a hurry. In our last post, we focused on the public nature of probate and noted that fact, by itself, this publicity is often reason enough for people to choose probate avoidance planning methods. By the way, notice that we used […]

Read more >

Why Would I Want to Avoid Probate in Utah? (estate planning basics)

May 21, 2015

As a general rule, court proceedings are something to be avoided, for a variety of reasons. Those who follow this blog know that we often include cartoon pictures which are most often intended to be humorous. The picture that accompanies today’s post is no except. To be clear, we are NOTintending to give serious commentary on […]

Read more >