JON H. ROGERS, ATTORNEY AT LAW

 

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Estate Planning


Will and Trusts and Advance Healthcare Directives

Wills, Trusts, and Advance Healthcare Directives help give you and your family a piece of mind.

We can help you carefully consider any potential critical life-changing events and discuss the decisions that need to be made if these events occur. We can help give you proper counsel on how to get the best outcome from personal preferences, help you write these documents at your own convenience, and reduce the taxes you might need to pay in an event of any critical event. Moreover, we can help give you a piece of mind that your wishes will be carried out in any event you are rendered unable to make decisions for yourself.


Wills

A will designates who receives one’s property  upon the event of one's death.  Wills also provide for all unmentioned items to pass to named recipient(s).  In addition to creating the scheme and details for posthumous gifts, a will often includes the following:
  1. Nomination of minor childrens' guardian
  2. Establishing a “testamentary trust”  to be formed upon death
  3. Naming of a personal representative of the estate
  4. Granting of gifts to named charities or other named organizations

What Happens if I Don’t Get a Will?

If an individual dies without having ever prepared and signed a will, the laws of the state in which they reside or where the property is located will take affect. These laws will dictate the distribution of the deceased's property.  It is possible this “intestate succession” may distribute the deceased's property in a manner unsatisfactory and confusing to both the deceased and the deceased's heirs.

Trusts

A trust is, in short, the establishment of a document to allow one person to hold property to benefit another person.
It is when property (accounts, primary or secondary residences, personal property, or any property not mentioned) is transferred to an individual "in trust" for the benefit of another individual, group of individuals, or organization.

General Benefits of a Trust

  1. Avoidance or reduction in gift and estate taxes (“death taxes”)
  2. Reduction in tax burden on life insurance proceeds
  3. Providing for children and other descendants
  4. Increasing control over property upon death
  5. Creation of incentives for behavior, accomplishment, or other stipulations among heirs
  6. Creation of on-going  donations for charitable, religious , or other organizations
  7. Avoids the cumbersome (and expensive) probate process

Jon H. Rogers, Attorney at Law

Northgate Business Center
825 North 300 West Suite N144
Salt Lake City, Utah 84103

Telephone: (801) 532-6272
Facsimile: (801) 532-4192

Email: law@rogersestateplanning.com
Website: www.rogersestateplanning.com
 

Advance Healthcare Directives

When a patient is left in a state of not being able to care for themselves or personal healthcare decisions, an Advance Healthcare Directive is beneficial. These directives solve disputes between family members and the medical staff regarding decisions about medical care, keeping the patient alive, or other scenarios.