Probate Attorney Near Me

Someone asked if I knew where they could find a probate attorney near me.  That was funny I said, because I’m a probate lawyer.  He said, well, I though you only did estate plans, you know, the stuff you do before you die, not taking care of an estate after you die.

Too funny, isn’t it?

Sometimes, we don’t even know what exactly other do — but it’s oh so good to ask questions.

In this case, I was able to help him with his probate case.

Perhaps I can help you understand what it is that probate lawyers do and why you may need one if someone you know has passed away.

If you are looking for a probate lawyer in Utah, you’ve come to the right place.  That’s what we do.

Probate includes marshaling all of the deceased assets and having letters testamentary or letters of administration issues so that you can be appointed as the personal representative of the estate and administer the affairs of your relative, loved one, or friend.

Letter testamentary or letters of administration are legal documents issued by the Utah State Court which are signed by the clerk or judge of the court which give you (or the personal representative) the power and authority to legally administer the deceased person’s estate.

Without these “letters” you cannot legally do it.

Once you have the letters, you can act and pay the debts of the estate, claims can be made against the estate, and you can distribute the assets after an inventory has been completed and close out the probate case.

This is why you should get a probate lawyer near you to make sure that you do this correctly.

Probate cases in Utah are related to wills and trusts.  If the deceased did not have a will or a trust, then the law in Utah, called the intestacy statutes will come into play.

You really need to make sure you meed with a probate lawyer to make sure that you distribute the inheritance properly or you could be sued.

We also handle contested probate cases so we know all about these things.

I hope you found this helpful – if you need additional information, please remember that we offer a free initial consultation.  We are more than happy to speak with you on the phone and walk you thorough the probate process.

Our phone:  801-676-5507

Our office: 8833 South Redwood Road, Suite C, West Jordan, Utah 84088 – come by and visit us anytime between 8am and 5pm M-F

Remember, if you live in West Jordan, South Jordan, Bingham Canyon, Pepperwood, Cottonwood Heights, Salt Lake City, Sandy, Midvale, Riverton, Draper, Copperton, Magna, Alpine, Lehi, Tooele, North Salt Lake, Bountiful, Woods Cross, Lindon, Centerville, Orem, Park City, Farmington, Provo, Kaysville, Layton, Syracuse, Clearfield, Hill AFB, or Grantsville we are here to assist you with your probate case.

 

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Are Estate Planning Costs Tax Deductible? 801-676-5507

Are estate planning costs tax deductible?

Well yes, they are; however, they are subject to the 2% deduction limit.  Additionally, the method to deduct your estate planning expenses, the IRS mandates that estate planning costs and fees should be for the use of the following 3 factors – First, they have to be for the production or collection of income – Second — they have to be for the express purposes of management, conservation or maintenance of property which is owned and controlled to actually produce income – or in the alternative, third, it must connect to the determination or collection or refund of any taxes.

 

So long as you can meet these critera – you pass.

 

The best source to review (if you really want to get into it, is IRS publication 529 – this goes over the 2% limit that I talk about and it also helps you understand how you can deduct estate planning costs from your taxes

 

I hope you found this helpful – if you did, please subscribe to my channel.  Please also like this video.  If you have other questions, please let me know and I will produce more videos to answer your questions.

 

Our phone:  801-676-5507

 

Our office: 8833 South Redwood Road, Suite C, West Jordan, Utah 84088 – come by and visit us anytime between 8am and 5pm M-F

 

Remember, if you live in West Jordan, South Jordan, Bingham Canyon, Pepperwood, Cottonwood Heights, Salt Lake City, Sandy, Midvale, Riverton, Draper, Copperton, Magna, Alpine, Lehi, Tooele, North Salt Lake, Bountiful, Woods Cross, Lindon, Centerville, Orem, Park City, Farmington, Provo, Kaysville, Layton, Syracuse, Clearfield, Hill AFB, or Grantsville we are here to assist you with your estate plan.

 

#UtahEstatePlanning

#AscentLawFirm

#MikeAnderson

 

Are Estate Planning costs tax deductible

Are Estate Planning costs tax deductible

Are Estate Planning costs tax deductible

Why do you need to get your estate planning done early?

Many of my clients are those who end up needing to have probate services done.

This means that we go to probate court.  We start a probate case and we go to court and get either letters testamentary or letters of administration from the district court.  Now, in Salt Lake County we file these cases in the Third District Court, Salt Lake Department which is located at 450 South State Street, downtown.  It’s the Mattheson Courthouse.  It’s a beautiful building.

But the probate calendar is at 8:30am.  Some people arrive late.  It is on what is known as a stacked calendar.  This means that all of the cases for that week are done at the exact same time.  This means that if your case is at 8:30am, so is the 76th case.  Everyone is there at the same time.

Now the probate judge is a rotating position that a district court judge will have for about 6-12 months.  After that, they will rotate to a different judge.  Each judge handles things a little bit differently.  Some a lot differently.

It’s important to know the personalty of the judge because if you don’t do things the way the judge wants them done, then your case could be continued, or you’ll have to make changes, or there will be other problems.

Now, if you don’t mind sitting around until your case is called inside a packed courtroom, then there shouldn’t be a problem for you.  Some clients of mine get anxiety and simply don’t want to be in court.  Now knowing for sure what the judge will do makes it hard as well.

We also don’t know how long we’ll have to wait.

Sometimes you don’t know if someone is going to object or file an opposition at the last moment to your petition.

This is why it’s always better to do your estate planning early.

If my client would have had a trust, we could have administered the entire trust in our office and we wouldn’t have had to pay the court fees, costs of administration, etc. – we just administer it here in our office.

That’s the nice thing about a living trust.

You should do your estate planning so no one has to go to court on your estate.

I hope you enjoyed this article.  Visit us again for more estate planning information.

 

 

How Often Do I Need To Update My Estate Plan?

So many people have asked me about wills trusts estate planning in the state of Utah that I needed to make this video and explain a little bit about the topic.

The actual question was: how often do I need to update my estate plan?  If you already have done your estate planning and you have a will and a trust, a durable power of attorney and your health care directive, congratulations!  That is great!  Now, just because you’ve done that, doesn’t mean that those documents won’t need to be updated at some point.

 

A little bit ago an older client came in who hadn’t updated his estate plan since 1982?  Imagine that!  You should also consider that the average will that is probated in the United States is about 30 years old.

 

So what should you do to make sure that your will and trust and overall estate plan doesn’t get outdated?

 

You should probably meet with your estate planning lawyer at least once a year.  Now, maybe that is overkill for some.  The real standard should be whenever there is a major or life event that happens.  For example – you have another child; or you won the lottery J — sorry, I couldn’t help that one; but if you start a business, close a business, have a child get married, you have a grandchild, you purchase a new property; get a boat, get a rental property; buy a beach house or cabin; when you retire, or when a family member dies – all of these are life events that can affect your estate plan.

 

Look – if you’re watching this video or reading this now, you probably realize that you need to speak with an estate planning attorney.  We can help you – give us a call.

 

Call me today for your free consultation

Utah Estate Planning Attorney
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5507

We focus our practice on those who live in South Jordan, Salt Lake City, Pepperwood, Cottonwood Heights, Highland, Holladay, Sandy, Midvale, Riverton, Draper, Magna, Alpine, Herriman, Bluffdale, Lehi, Tooele, North Salt Lake, Bountiful, Woods Cross, Orem, Park City, Farmington, Provo, Camp Williams, or Grantsville.  But you should know that we have done probate and estate cases for people all over the United States and if you have a question, we offer a no-obligation free initial consultation, so feel free to give us a call –

 

I hope to hear from you soon.  Be sure to subscribe to my channel.  Please like this video.  Thanks!

 

 

wills trusts estate planning attorney Utah

wills trusts estate planning attorney Utah

wills trusts estate planning attorney Utah

 

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