Administration of trusts and estates requires numerous resources and authorization. Our resource base of form and information to ensure you act prudently and cautiously.
This easy-to-read and understand guide will walk you through many of the important considerations in choosing an estate plan that is right for you.
Will contests, trust contests, and other disputes about beneficial shares and distributions regularly arise during the administration of trusts and estates. In such situations, cost and complexity result. Foresight into the fiduciary litigation process and experienced counsel are essential in resolving such situations.
Deciding whether a will or trust is right for you requires understanding the features available under these two planning documents. Often, clients find that using a combination of both documents is the best choice. For questions about asset protection planning or tax planning, be certain to consult with an attorney.
Preventing the need for a conservatorship over the financial matters of an incapacitated person requires planning ahead with a power of attorney - before incapacity occurs. While a simple statutory power of attorney is a one-size-fits all document and may not be suitable in all cases, they can be of help. Where no power of attorney was put in place, a conservatorship may be necessary to take control of financial matters.
For more information about statutory powers of attorney, visit the Utah Courts website self-help pages to obtain a Utah Statutory General Power of Attorney Caution should be taken in using the statutory form, as it is not suitable for everyone. Speak with an attorney before implementing the statutory power of attorney if you have any questions
A general power of attorney does not usually address healthcare decisions. In cases where a person is incapacitated but hasn't appointed a healthcare agent, it can become necessary to go to court to appoint a guardian. This unnecessary stress, expense, and delay can be avoided by using a Utah Advanced Healthcare Directive.
Additional caregiver agreements or letters of instruction regarding the care of a person, such as instructions for care at home may also be desired. Consult with an Attorney to ensure that the health care meets your needs and preferences.
Administering trusts and estates across state or national boundaries creates complexity in both filing ancillary probates and taxation issues.
When a trust or estate has liquidity problems, it may be necessary to toll statutes of repose, disallow claims, negotiate work-outs, or even solve the issues with Bankruptcy.
Estate and Trust laws allow spouses and families of deceased persons to assert claims and take a portion of the estate in some instances. Complex formulas are involved in determining the elective share, intestate share, and family share of an estate.
Before entering into protracted litigation, it is helpful to have a general idea of the costs involved. Request our probate litigation calculator to get an idea of what an estate or trust dispute will cost.