Probate Lawyer Herriman Utah

Probate Lawyer Herriman Utah

Never assume that a will is not for you and that you are better off using trusts for the purpose of estate planning. More often than not, a will may be the best option for you. It is important that you understand the entire probate process before you take a decision. Speak to an experienced Herriman Utah probate lawyer.

In most living trusts, the individuals act as their own trustees and retain control over how their assets are managed while they are alive. After their death, their assets and property, depending on the terms set down in the trust, can either continue to be held in trust or be distributed to heirs.
What are the advantages of living trusts?

If properly administered, they offer several advantages:

1. Avoid probate. The probate process is time-consuming, often taking a year or more from beginning to end, and can be expensive. The workings of the court can often be inefficient and complex, requiring the help of an attorney. A trust will pass your estate on without court involvement. If you have a will that needs to be probated, contact an experienced Herriman Utah probate lawyer.

2. Maintain privacy. Probate plays out in public courthouses, where the individual’s will and estate will be recorded for all to see. Trusts bypass probate, and the public disclosure of an individuals financial affairs.
3. Protect against disability. With the individuals’ assets placed in trusts, their designated trustees will manage those assets if they were to become incapacitated. Without a trust, the individuals’ estates may bear the time and expense of going to court to have a guardian appointed to oversee their assets.

4. Silence nit-pickers. Probate is not only public, it also entitles the individual’s next of kin to receive notice and the opportunity to object to the wills or the actions of the executor. If they question every step taken by the executor of the will, that will slow down (and add to the cost of) the process. If the will of your deceased relative is being objected to by someone, consult with an experienced Herriman Utah probate attorney. The attorney will help you deal with the objection and get the will probated.
5. Provide flexibility. The trust can often be drafted to accommodate more of the individual’s wishes than a will can. This can be important if the individual want to control the use of certain estate assets after his or her death. For example, if the individual wants to ensure that a son can continue to live in his home for as long as he wants-with it sold only when the son moves out-this complicated arrangement is best provided for in the form of a trust.

If properly funded, you can avoid the expense and formality of having a court approve the choice of executor named in your will to manage your estate after death. You can simply provide within the trust document for a successor trustee to take over management of trust property after your death. The successor trustee will not require court approval, and if all assets were titled in the trust name, there would be no estate left to probate. In the event that some of your assets remain in your name, you should draft a short will providing that all assets be “poured over” into the trust at grantor’s death.

In the event that the grantor becomes unable to handle his own affairs during his lifetime, the trust can provide for a successor trustee during the grantor’s life. This can avoid the necessity of going to court in order to have someone appointed as a guardian to take care of the grantor’s affairs. Just be sure that some sort of objective criteria, such as a family doctor’s certification, is needed in order to establish this disability.

If you own real estate in more than one state, you would normally need to have a probate proceeding in each state where the property is located, since it is the location of real property that determines which state probate law applies. However, by placing your real estate within the living trust, you can avoid all probate proceedings.

Unlike a will, which does not become effective until testator’s death, a living trust becomes operational as soon as it is funded. Therefore, it would be more difficult for classes of individuals who feel they’ve been treated unfairly to challenge the validity of the trust based on the fact that the grantor did not realize what he was doing when he created the trust (i.e., lacked testamentary capacity), or was forced into this arrangement against his desire (duress), or was tricked into signing the document (undue influence).

The grantor must change the title in all assets funded within the trust and, if he should name himself trustee, manage trust affairs throughout his life. Additionally, it would be far more time consuming and expensive for someone to sue the trustee of a trust than it would be to object to a probate proceeding, particularly if the objecting party was decedent’s next of kin.

Once a will is offered for probate its contents will become a matter of public record and anyone can read it. In addition, any person named in the will, and anyone who would have a claim to decedent’s property if there were no will, must consent in order to have the will accepted for probate. If there is no consent, then a formal citation proceeding must follow, giving notice to the non-consenting party where and when to object to the will’s validity.

Joint Account Arrangement

Is holding ownership in a joint account with rights of survivorship an easier and less costly alternative to a revocable trust? In a joint account arrangement, the asset held will pass to the survivor automatically, by operation of law, so that if all assets were titled in this manner there would be no need for a probate proceeding. The two primary disadvantages of such an arrangement are:

Joint accounts of personal property (i.e., non-real estate) will give either joint tenant the present ability to take the entire asset without the other’s approval. In a living trust, the trustee, who could be the grantor, maintains control over the asset.

Joint accounts between spouses may create an enormous estate; when the surviving spouse dies, estate tax would have to be paid. This could have been avoided if the attorney were creative in drafting the living trust provisions, by keeping part of the trust assets within the trust even after the grantor’s death. Obviously, the trust would have to provide for a successor trustee should its provisions survive the grantor, and the grantor was originally named trustee.

Irrevocable Trusts and Tax Planning

Once a transfer is made to an irrevocable trust, it can’t be undone. Transfers made to an irrevocable trust will not only avoid probate, but may also help to minimize estate taxes since they are completed transfers for gift tax purposes. In this way, all future appreciation in the property’s value will escape estate taxation.

Even though property has been legally transferred to the trust, the government will force its inclusion in one’s estate at date of death fair market value if either:

The grantor has the right to receive income for the rest of his life or
the grantor may determine who will benefit from the trust for the rest of his life.

Transferring property to an irrevocable trust may also shield the assets transferred from long-term costs incurred more than five years after the transfer.

Once the assets are transferred to this type of trust, they are out of your control forever, so make sure the trust document reflects your desires before you fund it.

With all of their advantages, they may appear at first that living trusts are fit for everyone. Speak to an experienced Herriman Utah probate lawyer to know if you should make a will or consider a living trust or both. There are some potential disadvantages of living trusts. They are:

Expense. It costs money to create and set up the living trust. While this might save their estate money down the road, the savings may be no more than the cost of setting up the trust. Unlike a will, a living trust must specify how the property should be managed during the grantor’s life as well as upon his death. That means that the attorney/draftsman’s job is more complicated and the fee will reflect the added time needed to draft the trust. But remember, the goal here is to avoid probate, where the potential attorney’s fees could be prohibitive.

Effort. For the trust to be effective, you must fund it with all of your probate assets, meaning everything you own in your name alone. This may mean changing titles to all of the individual’s real estate and cars and all of his or her bank and investment accounts. It may also mean assigning his or her personal belongings to the trust.

Alternatives. Less expensive and cumbersome options exist to accomplish the same goals, especially if the individual has small estates. They can avoid probate by holding assets in joint names with heirs or moving them to “in trust for” or “payable at death” accounts. People can provide for management of their estates in the event of their incapacity by executing a durable power of attorney, which should be done even if they also have a trust.

Mismanagement. Trusts sometimes don’t accomplish their intended purpose because individuals are given insufficient information about how they operate. Often, after the original funding of a trust, the individual may forget to put newly acquired property into it. Also, if an individual’s home is placed in trust, it may lose protection against creditors and negate the tax breaks. Before you set up a trust, speak to an experienced Herriman Utah probate lawyer. A will may be a better option for you.
No estate tax savings. While trusts can be designed to minimize or eliminate estate taxes, they do not automatically do so. If an individual has a taxable estate, the trustee will have to prepare an estate tax return, even though they avoid probate. The information that must be reported on tax returns duplicates work involved in probating an estate.
Medical care. Assets left in trust to the individual’s spouse under a will are protected if that surviving spouse must enter a nursing home and apply for Medicaid coverage. However, trusts created and funded during the individual’s life follow different rules. In most cases, those rules require that the trust funds be spent down or distributed before the surviving spouse will be eligible for Medicaid.

Potential Medicaid problems. Transfers to the individual’s children from trusts may subject those customers to a 60-month “lookback” period should they apply for Medicaid within that period of time. In contrast, transfers out of the individual’s own accounts are only subject to a 36-month look-back.

Living trusts can be important tools that allow an individual to avoid probate and improve the management of his or her estates’ assets. Whether one is appropriate for an individual depends on where he or she lives, the individual circumstances and how important it is for him or her to avoid probate.

Trusts can solve a lot of problems and ease the process of passing a person’s estates to his r children. Don’t allow yourself to be “scared” into living trusts by horror stories about the probate. In most cases, the process doesn’t pose such a big problem. Speak to an experienced Herriman Utah probate lawyer to take an informed decision. A will must still be drafted even if a living trust is in place. The will provides for items that the grantor did not want to put into the trust, as well as property that the grantor would have liked to pass through the trust but never changed title to. For this reason, the term “pour over will” is frequently used, since it provides that any other assets within testator’s estate should simply be poured over into the trust.

Herriman Utah Probate Attorney Free Consultation

When you need to probate an estate in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We are accepting new clients. We can help you with estate planning, estate litigation, probate, last will and testaments, trusts including formation and administration, private family company or corporations and much more. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Can I Contest My Father’s Will?

Criminal Defense Lawyer Midvale Utah

Non Conforming Use Law

Income Tax Law

Nonprofit Law

Can A First Offense DUI Be Dismissed?

Ascent Law LLC St. George Utah Office

Ascent Law LLC Ogden Utah Office

Herriman, Utah

From Wikipedia, the free encyclopedia
Herriman, Utah
Unified Fire Authority Station 103, located on Main Street

Unified Fire Authority Station 103, located on Main Street
Location in Salt Lake County and the state of Utah.

Location in Salt Lake County and the state of Utah.
Coordinates: 40°30′24″N 112°1′51″WCoordinates40°30′24″N 112°1′51″W
Country United States
State Utah
County Salt Lake
Settled 1851
Incorporated 1999
Became a city April 19, 2001
Founded by Thomas Butterfield
Named for Henry Harriman

 • Type Mayor-Council
 • Mayor Lorin Palmer[2]

 • Total 21.63 sq mi (56.03 km2)
 • Land 21.63 sq mi (56.03 km2)
 • Water 0.00 sq mi (0.00 km2)

5,000 ft (1,524 m)

 • Total 55,144[1]
 • Density 2,549.42/sq mi (984.19/km2)
Time zone UTC-7 (Mountain)
 • Summer (DST) UTC-6 (Mountain)
ZIP code
Area code(s) 385, 801
FIPS code 49-34970[4]
GNIS feature ID 1428675[5]

Herriman (/ˈhɛrɪmən/ HERR-ih-mən) is a city in southwestern Salt Lake CountyUtah. The population was 55,144 as of the 2020 census.[1] Although Herriman was a town in 2000,[4] it has since been classified as a fourth-class city by state law.[6] The city has experienced rapid growth since incorporation in 1999, as its population was just 1,523 at the 2000 census.[7] It grew from being the 111th-largest incorporated place in Utah in 2000 to the 14th-largest in 2020.

Herriman, Utah

About Herriman, Utah

Bus Stops in Herriman, Utah to Ascent Law LLC

Bus Stop in Crown Rose Dr @ 14029 S Herriman, Utah to Ascent Law LLC

Bus Stop in 13400 S @ 5791 W Herriman, Utah to Ascent Law LLC

Map of Herriman, Utah

Driving Directions in Herriman, Utah to Ascent Law LLC

Driving Directions from Herriman High School to Herriman, Utah

Driving Directions from University of Utah Health Care: Summers Bradley K MD to Herriman, Utah

Driving Directions from The UPS Store to Herriman, Utah

Driving Directions from J L Sorenson Recreation Center to Herriman, Utah

Driving Directions from Mountain America Credit Union to Herriman, Utah

Driving Directions from Little Caesars Pizza to Herriman, Utah

Driving Directions from Subway to Herriman, Utah

Driving Directions from Fort Herriman Middle School to Herriman, Utah

Driving Directions from Riverton Hospital to Herriman, Utah

Driving Directions from Lowe's Home Improvement to Herriman, Utah

Driving Directions from Early Light Academy to Herriman, Utah

Driving Directions from Bobby Lawrence Karate - Herriman to Herriman, Utah

Reviews for Ascent Law LLC Herriman, Utah

Ascent Law LLC Reviews

John Logan

starstarstarstarstar (5)

We've gotten divorce and child custody work from Ascent Law since the beginning because of my ex. We love this divorce firm! Staff is gentle, friendly and skilled. Tanya knows her stuff. Nicole is good and Ryan is fun. Really, all the staff here are careful, kind and flexible. They always answer all my questions, explain what they're doing and provide great legal services. I personally think they are the best for divorce in Utah.

Ascent Law LLC Reviews

Jacqueline Hunting

starstarstarstarstar (5)

I have had an excellent experience with Ascent Law, Michael Reed is an absolutely incredible attorney. He is 100% honest and straight forward through the entire legal process of things, he also has a wonderful approach to helping better understand certain agreements, rights, and legal standing of matters, to where it was easy to know whats going on the entire process. I appreciate the competency, genuine effort put forth, and assistance I received from Ascent and attorney Michael Reed, and I will be calling these guys if ever I have the need again for their legal assistance! 5star review Wonderful attorneys!

Ascent Law LLC Reviews

Anthony Ziegler

starstarstarstarstar (5)

This review is well deserved for Ryan and Josh. New clients should know they are worth the 5 star rating we give them. We needed 2 sessions from them because of the complexity of the matter, but they are both very passionate about his helping others in need.  My sister needed bankruptcy and I needed divorce.  Sometimes they go hand in hand but a large shout out to this team - also Nicole is one of the sweetest people you ever did meet - she offered me warm cookies!

Ascent Law LLC Reviews

Thomas Parkin

starstarstarstarstar (5)

Mike Anderson and his colleagues & staff are knowledgeable, attentive and caring. In a difficult and complex case that eventually went to trial, Mike was the voice of reason and the confidence I needed. His courtroom abilities are amazing and I felt his defense of me was incredible. His quick thinking and expertise allowed for a positive result when I felt the World was crumbling. His compassion, after the case, has helped me return to a good life. I trust Mike and his staff. They are friendly and very good at what they do.

Ascent Law LLC Reviews

Yeran Merry

starstarstarstarstar (5)

I worked with Attorney Alex and Paralegal Ami in my divorce case. I got to know the team very well over the course of two years. I cannot think of a better team to have worked with. Ami and Alex are not only exceptional law professions who are very knowledgeable and thorough, they are also the best human beings who empathize with the emotions I was experiencing. Alex was conscious of my budget and worked efficiently to try to reduce unnecessary legal expenses. My case also involved some dealings with a foreign country that Alex and his team had previously dealt with.  They did an amazing job addressing cultural barriers in a very respectful manner and did not fall short in quality of work or in standards when dealing with some of these new challenges. Ami deserves a medal for being extremely professional, calming, and compassionate when it is needed most.  When you need family law attorneys, call this firm. I now feel I can move forward with grace and dignity.

5 Ways to Avoid Probate in Utah

5 ways to avoid probate in utah

We’ve written about how to probate an estate here, so we’re not going to discuss that in this article. Instead we’re going to talk about how to avoid probate.

Prоbаtе саn bе done bу thе еxесutоrѕ оr by аn арроintеd lеgаl аdviѕоr who offers рrоbаtе ѕеrviсеѕ. In either саѕе, аn official рrоbаtе peadlings and order is finalizes аnd ѕеnt tо the Prоbаtе Court, bеfоrе thе applicant аttеndѕ a hearing and swears аn оаth to follow the Utah Code or terms of the Will, аnd рrоbаtе filing fееѕ аrе раid. Once thе Prоbаtе Judge iѕ ѕаtiѕfiеd аbоut the vаliditу оf thе аррliсаtiоn, a grаnt as the personal representative is iѕѕuеd as either “letters testatmentary” or “letters of administration” depending on whether there is a will or not. Probate аѕ thе process whereby someone’s will iѕ formally ‘proved’ and the vаliditу of thе will iѕ еѕtаbliѕhеd ѕо executors саn gеt оn with fulfilling thе deceased’s wiѕhеѕ fоr thеir еѕtаtе. Probate iѕ аlѕо the process of administering someone’s estate if they did not have a will.

Most people want to avoid probate. This is because probate can be expensive, time consuming and open up private information to the public. If you engage in proper estate planning, you won’t have to worry about probate.

Hеrе are some thingѕ you can dо to hеlр аvоid probate:

1. Cоmmuniсаtiоn

Infоrm your hеirѕ if you are mаking a distribution thаt iѕ “nоt nаturаl.” A “natural” diѕроѕitiоn iѕ whеn уоu lеаvе уоur еѕtаtе tо уоur heirs ѕuсh as уоur сhildrеn and grandchildren. An “unnаturаl” diѕроѕitiоn iѕ whеrе уоu diѕinhеrit уоur natural hеirѕ аnd leave your entire estate tо someone you hаvе known for 6 months, for example, оr a caregiver, or оthеr distant fаmilу members оr сhаritiеѕ. It iѕ оf соurѕе uр tо you whо you сhооѕе tо inhеrit уоur еѕtаtе but it will hеlр to avoid diѕсоrd lаtеr if уоu tеll уоur hеirѕ whаt you are doing. Yоu can discuss it with them оr leave thеm a lеttеr оf еxрlаnаtiоn. Litigation dеvеlорѕ when thе individuаlѕ whо thought thеу would bе rесеiving an inhеritаnсе find оut after уоur death thаt they wеrе diѕinhеritеd оr will not be rесеiving аn аѕѕеt or a роrtiоn оf уоur еѕtаtе thаt thеу thought they were gеtting. So if уоu dо wаnt tо exclude a child, fоr example, or make аn uneven diѕtributiоn оf уоur еѕtаtе among уоur children, tеll thеm аbоut it or in ѕоmе mаnnеr еxрlаin it so it dоеѕn’t come as a соmрlеtе ѕhосk.

2. Hаvе рrореrlу рrераrеd legal dосumеntѕ

Make ѕurе уоur estate рlаnning documents аrе рrореrlу рrераrеd. Sо often, litigаtiоn аriѕеѕ bесаuѕе оf willѕ оr truѕtѕ thаt wеrе nоt properly drafted in the firѕt place. If уоu аrе concerned аbоut someone соntеѕting уоur will or truѕt, you certainly dоn’t want tо dо it уоurѕеlf оr use a “truѕt mill” оr оnlinе ѕеrviсе. Yоu want сuѕtоmizеd рrореrlу drаftеd documents so there is nо аmbiguitу as to your wiѕhеѕ. Alѕо, mоѕt еѕtаtе planning lаwуеrѕ also dо trust administration. Frеԛuеntlу it iѕ the case thаt ѕurviving fаmilу mеmbеrѕ will саll thе lawyer thаt drаftеd the еѕtаtе рlаn, ѕо сhооѕing a truѕtеd lаwуеr thаt you can wоrk with during уоur lifеtimе mау аlѕо be someone that can аѕѕiѕt уоur fаmilу uроn уоur death.

3. Kеер уоur еѕtаtе рlаnning documents up to dаtе

If уоu hаvе nеglесtеd to uрdаtе уоur truѕt tо аdd оr rеmоvе bеnеfiсiаriеѕ аftеr a dеаth, divоrсе, or оthеr сhаngеd сirсumѕtаnсе, оr wоrѕе уеt, nеglесtеd tо сhаngе рауаblе оn dеаth dеѕignаtiоnѕ, уоu аrе аѕking fоr trоublе. An up to dаtе еѕtаtе plan (whiсh inсludеѕ a truѕt, роur оvеr will, аnd powers of аttоrnеу for аѕѕеt mаnаgеmеnt and health саrе) makes it lеѕѕ likеlу fоr unсеrtаintу upon уоur death. Alѕо nесеѕѕаrу as раrt of the periodic rеviеw оf уоur еѕtаtе рlаn iѕ tо hаvе the bеnеfiсiаriеѕ updated as necessary on life inѕurаnсе роliсеѕ, IRAs, pension plans, еtс. The lаѕt thing уоu рrоbаblу wаnt is уоur еx-ѕроuѕе rесеiving lifе insurance bеnеfitѕ whеn you wеrе divоrсеd 10 уеаrѕ ago.

4. Include “nо соntеѕt” сlаuѕеѕ in уоur estate рlаnning documents

Mоѕt willѕ and truѕtѕ hаvе a “nо соntеѕt” сlаuѕе. This саn diѕсоurаgе diѕрutеѕ оvеr a will оr a truѕt bесаuѕе it рrоvidеѕ that ѕоmеоnе who contests сеrtаin provisions in уоur estate рlаn will not bе entitled to аn inhеritаnсе. Dереnding on whеrе уоu livе, ѕоmе “nо соntеѕt” сlаuѕеѕ can bе еаѕilу overcome.

5. Dоn’t forget to рrоvidе for your реrѕоnаl рrореrtу

Dividing uр personal рrореrtу аnd fаmilу hеirlооmѕ iѕ аnоthеr аrеа whiсh, bеliеvе it or nоt, саn become a battleground. Fаmilу members ѕоmеtimеѕ hоld uр the rеѕt оf the estate аdminiѕtrаtiоn over property thаt hаѕ little mоnеtаrу value but hаѕ great ѕеntimеntаl value. Unless уоu have lеft ѕресifiс inѕtruсtiоnѕ, your реrѕоnаl property will be dividеd uр аmоng thе bеnеfiсiаriеѕ. But how dоеѕ you еxесutоr оr trustee know hоw tо determine аn equal distribution of items thаt hаvе sentimental value? Whаt dо you dо if bоth daughers want (аnd may hаvе been promised) grаndmоthеr’ѕ ring? If you have реrѕоnаl property аnd уоu wаnt it to gо to a certain fаmilу member оr a friеnd, thеrе are ѕеvеrаl wауѕ tо do it. You саn mаkе a ѕресifiс bequest оf аn itеm in уоur will оr truѕt. Thiѕ iѕ a preferable way fоr items оf value.

Yоu can аlѕо еxесutе a personal рrореrtу mеmоrаndum listing еасh itеm аnd whо iѕ tо receive it. Thiѕ саn be сhаngеd оr added tо at аnу timе bеfоrе your death. Thеrе аrе еvеn online auction ѕitеѕ thаt will dividе up the реrѕоnаl рrореrtу аmоng fаmilу mеmbеrѕ if уоu sign uр before your death.


When it comes to planning your estate, going to probate court or handling a probate dispute, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews

More Probate and Estate Planning Resources

Probate Lawyers in Utah

Utah Real Estate Lawyers

Estate Litigators in Utah

Basic Items in an Estate Plan

Estate Planning Lawyer

Divorce Lawyer in Utah

What is Estate Planning?

Estate Planning Law