Category Archives: Utah Estate Planning Law

How Estate Planning Works

There are essentially 2 ways that you can do Estate Planning:

First, you can do absolutely nothing.  This is what I call the “do nothing” plan.  You see, the government has in place what are called intestacy statutes which are laws promulgated by the state in which you live (I live in Utah, so it’s the Utah legislature that has done this) that dictates what will happen to your things when you die if you have not drafted a will or a trust (or properly funded your trust– another issue altogether).

So that’s the first plan — do nothing — the government has your back.  Oh, and did I mention, that if you do nothing, you may not like what the government says happens to your stuff?  You don’t get to control where your house goes, your money goes, your personal items etc.

Think about that for a minute…

Scary.

So, option B is a little better – I think.

Second, you can take control over your life and your estate plan and you and put into place a will or a trust and you can decide right now where your things go.  Yes, indeed – you can make the choice yourself.  That’s how estate planning works.  You either do it yourself and hope and pray that you do it right.  Or, you contact an attorney who knows what they are doing and you pay them to draft your estate plan for you.

Keep in mind that a proper estate plan is more that just a will or a trust.

It would also include a general durable power of attorney and a health care directive or living will.  These are essential documents.

Oh, and I think I forgot to mention that if you have young kids, you really want to make sure that you do your estate plan just in case something should happen to both of you as parents — nothing could be worse for a kid than to be put in foster care or worse – placed with a relative that you wouldn’t approve of.

‘Nuff said.

When you’re ready t do your estate plan, I expect you to call our office 801-676-5507 and get your estate and life in order.

Until next time –

Michael R. Anderson, JD

Utah Health Care Directive or Health Care Power of Attorney – Do you really need one?

So it seems that too many people have questions about Health Care Directives (they are also called Living Wills or Health Care Powers of Attorney).

I was asked by a new client — > Do I really need a health care power of attorney?

Answer – Well, yes, of course you do.

Unless of course, you want to be held captive to hospitals and doctors who will profit at you being brain-dead, on life support, and them keeping you alive for as long as your insurance will pay (or as long as you have assets that can cover the costs) (or as long as the government will foot the bill for).

Yes, I know I’m a little crass sometimes, but hey, this is the truth my friends.

I mean, come one, you don’t want to be stuck in a hospital any longer than you have to be, right?  And if you are like me, when I’m braindead, when my mind is gone, when I’m only alive because a machine keeps me alive, then pull the plug because I don’t want that kind of life.  Most of my clients don’t want that either.

We all want to feel good.  Live a long life.  Live a functional life, as long as we can do so.

I’ve never met anyone who’s said to me — Mike, I don’t want them to pull the plug.  Or Mike, make sure they keep me on a ventilator for as long as possible.

NOOOOO!!!!

You wouldn’t either.  Am I right?

So watch this brief video explain my thoughts of Utah Health Care Directives.

As usual, I hope you enjoyed watching and reading my blog.

You can watch the video directly on youtube by clicking on the link below:

West Jordan UT Health Care Directive

If you have other questions, shoot me an email, call me at 801-676-5507, or drop by for a quick visit. I love questions because it helps me make cool movies like this one.

Thanks for watching ~

mike2

 

Michael R. Anderson, JD

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

 

Utah Estate Planning Lawyer

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