Estate Planning: Trust, Wills, Family Limited Partnerships, etc.
Whether you need a simple will or a complex trust or estate plan, we have the expertise to help. Having a will or trust drafted is part of a process commonly called estate planning. Estate planning involves much more than just drafting a will or a trust it is a deeper understanding of your needs and desires. Our estate planning attorneys will take the time to listen to your plans, concerns, and priorities. They will work with you to draft a plan that will accomplish your goals, whether or not those goals are complex or simple. A trust can be a very useful tool in the estate plan but it is not necessarily the only tool. Your attorney may suggest a number of tools to accomplish your goals or maybe just a will is appropriate for the job. A good estate planning attorney will help you title your assets appropriately. We will not create a fancy document and leave you hanging to figure out how to make it work.
It is a good idea to have your estate planning reviewed when every couple of years or sooner if you acquire property, have significant life changes, move to a different state, or want to make changes to your plan. It is not a good idea to try and change your will or trust by yourself. The changes may not be recognized as legitimate.
Normally, estate planning is a fixed fee. You will not be billed hourly but instead, will be quoted one fee to accomplish your plan. ALL INITIAL CONSULTATIONS FOR ESTATE PLANING ARE FREE AT OUR FIRM. So feel free to come in meet us and determine if you want us to be part of your team.
Guardianship is the power to make day to day life decisions for those that can’t make them for themselves anymore due to lack of capacity or competency or they may be a minor. Some typical guardian decisions would be whether or not to admit an elderly parent to a care center, medical decisions, for minors it might be registering the minor with a school.
Conservatorship is the authority to make financial and economic decisions for those who can’t make them for themselves, due to lack of capacity or competency or they may be a minor. Some typical conservatorship duties would be to look after the ward’s bills and income and make sure they are balanced. It might involve the need to sell assets or purchase assets or medical care.
In Utah, with either a guardianship or a conservatorship there are varying degrees of authority. The idea is to allow the persons to make as many decisions for themselves as they possibly can. Sometimes, nothing less than absolute guardianship or conservatorship is necessary.
A guardianship or conservatorship is a court appointed position and carries with it significant responsibilities. Consequently, a hearing will need to be held to appoint anyone to a guardianship or conservatorship and you will need to complete some online training offered by the court.
At Farris & Utley we have represented numerous clients in guardianship and conservatorship proceedings. Many of those proceedings are simple but we have successfully represented clients in contested guardianship/conservatorship proceedings that involved significant litigation.
A probate is the process of having someone appointed to represent the estate of a deceased person and to distribute that estate pursuant to a will or in cases where the person died without a will pursuant to state law.
2107 W Sunset Blvd, Second Floor
Saint George, UT 84770
Phone: (435) 634-1600
Facsimile: (435) 628-9323