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Lake

Probate Avoidance

This information is important to develop an understanding of your case.  Please provide as much detail and accuracy as possible.

NOTICE.

  • These communications do NOT form an attorney-client relationship unless a follow-on representation agreement is signed by both parties. 

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E.g., copies of all deeds to real estate, certificates of title, financial statements showing ownership of accounts, stock/bond certificates, pre-marital or marital agreements, long-term care policies, divorce decree or property settlement agreements, personal income, corporate, or partnership tax returns (including tax returns for gifts, estates, and trusts), and existing planning documents (wills, trusts, powers of atterney, health care directives).

How did you hear about us?

PERSON ONE - Information

Please ensure your FULL NAME matches your ID (primarily, a passport, or driver's license).

PERSON ONE - Date of Birth
Month
Day
Year
PERSON ONE - Citizenship Status
U.S. Citizen
Lawful Permanent Resident
Not Applicable
Other
PERSON ONE - Marital Status

PERSON TWO - Information

e.g., spouse, partner, etc.

Please ensure your FULL NAME matches your ID (primarily, a passport, or driver's license).


If no spouse, then indicate if you are "divorced" or "not married" or "widowed" or "not applicable"


Include aliases or "a.k.a."

SKIP, if address is same as PERSON ONE.

PERSON TWO - Citizenship Status
U.S. Citizen
Lawful Permanent Resident
Not Applicable
Other

CHILDREN - Information

Include adult children. If no children, then indicate "not applicable."


Separate each name with a semi-colon.

Please provide

  • Full Name and Clinic (First Middle Last, Company Name)

  • Contact (Address, Phone, and Email)

  • Provider and Policy Number

  • OTHER - allergies, other doctor names, other insurance information, etc.


EXAMPLE

  • Richard Roe, Children's Clinic Inc.

  • Street Number, Street Name, City, State, Zip Code at 123-456-7890 and janedoe@mail.com

  • Group Health, Inc., Policy #987654

  • Daughter One allergic to shellfish.


Separate each name with a semi-colon.


Please provide information on:

  • GENERAL -  instructions on provision of allowance, driver’s training, financial education, discipline methods, philosophies, resources.

  • COMMUNITY - names of organizations or activities that you would like child to be involved with or are important to you.

  • RELIGION - church name, religion, holidays to observe, other religious communities.

  • EDUCATION - name of school, school activities, outside activities you desire for your children.


Separate each name with a semi-colon.


MOST-TRUSTED Adults

List AT LEAST TWO ADULTS, in order of preference who are your MOST-TRUSTED relatives, friends, or advisors.


We will consider these adults as your potential Trustees or Agents to protect your interests (including as guardians of your minor children).


These SHOULD match your guardians in the "Child Protection Kit."


IMPORTANT: Provide Full Names, Addresses, Phones, Emails, and Relationships to PERSON ONE and/or PERSON TWO. Separate each name using semi-colon.

SERVICES

Select the applicable services (check all that apply)
Default Governing Jurisdiction
Utah
Other

PROPERTY and VALUE - Information

SUMMARY Estate Information. The combined value of all property held by the person(s) listed above is (choose one):
SCENARIO 1: less than $100k with NO real estate in Utah
SCENARIO 2: less than $100k WITH real estate in Utah
SCENARIO 3: from $100k - $13.99m
SCENARIO 4: greater than $13.99m (consider asset protection trust)
Other

NOTE: Scenario 1 may be eligible for expedited probate via "small estate affidavit."

A Trust NAME can be clever and fun, but it should be unique and clearly indicate that it is a Trust.

These are the person(s) creating the trust (usually the property owners, and usually the clients). Separate each name with a semi-colon.

These are the INITIAL person(s) responsible for managing the trust property (usually the Trust Settlors, and usually the client(s)). Separate each name with a semi-colon.

These person(s) become trustees when INITIAL TRUSTEE(s) are incapacitated or deceased. These are typically Person One and/or Person Two's ADULT CHILDREN. However, you may SKIP, if these are the same PERSON(s) as Guardians named above. Separate each name with a semi-colon.

A Trust company functions as an independent Trustee but usually for an additional monthly cost. By statute, a UTAH Licensed Trust Company (or independent Utah resident) as Trustee provides ASSET PROTECTION.

Provide Names of Pets, Type, Breed, and amount to be set aside for pet care. Separate each name with a semi-colon.


Indciate if "not applicable."

SKIP, if these are the same PERSON(s) as GUARDIAN(s) named above. Separate each name with a semi-colon.

Provide:

  • Description and Address (notes, inheritances, investments, accounts, debts, retirements, IRAs/401Ks, ins. policies, businesses.

  • Character

  • Title (who owns it)

  • Market Value

  • Named Beneficiary


IMPORTANT: All items that require filing with the state (e.g. cars, boats, RVs, etc.) must be RE-TITLED by the owner(s) by deed through the state property recording office. If there is an existing mortgage, the owner(s) should contact their bank to ensure a transfer without triggering a “due on sale.”

Provide:

  • General Description and/or Address

  • Character (community property or separate property)

  • Ownership (who holds title)

  • Market Value

  • Loan Balance

  • Named Beneficiary

 

IMPORTANT: All items that require filing with the state (e.g. house, land, etc.) must be RE-TITLED by the owner(s) by deed through the state property recording office. If there is an existing mortgage, the owner(s) should contact their bank to ensure a transfer without triggering a “due on sale” as permitted under 12 U.S.C. §1701j-3.

Method of Distributing Remaining Shares (default is “per stirpes”)
per stirpes
per capita at every generation
  • "per stirpes" primarily means each son or daughter receives equal shares; This usually means grandchildren (existing or future) do not necessarily share equally. This method favors SINGLE-generation families (e.g. persons with no children or parents with children but no grandchildren).

  • "per capita at every generation" is Utah's DEFAULT and primarily means each child (and grandchild) share equally. This generally favors MULTI-generational families (parents with children, grandchildren, etc.).

HEALTH and LAST WILL - Decisions

PERSON ONE

These person(s), usually ADULT CHILDREN are responsible for making decisions for PERSONS ONE and/or TWO's HEALTH CARE. However, you may SKIP, if these are the same PERSON(s) as Guardians named above. Separate each name with a semi-colon.


NOTE: Spouses are automatically named as Health Care Agents of each other.


Indicate if "not applicable."

"Living Will"

“In the event I cannot make medical decisions or speak for myself the following are my end-of-life wishes, then ... ”

PERSON ONE - Advance Health Care Directive (choose ONLY ONE)
PERSON ONE - Special Provisions

Check all that apply

E.g., It is my wish to be interred in Named Cemetery with my spouse.

PERSON TWO

We will utilize the same Primary and Secondary Agents identified above (unless specified otherwise herein). Separate each name with a semi-colon.


Indicate if "not applicable."

"Living Will"

“In the event I cannot make medical decisions or speak for myself the following are my end-of-life wishes, then ... ”

PERSON TWO - Advance Health Care Directive (choose ONLY ONE)
PERSON TWO - Special Provisions
  • Check all that apply

  • Indicate if "not applicable."

E.g., It is my wish to be interred in Named Cemetery with my spouse.

FINANCIAL - Decisions

PERSON ONE

These person(s), usually ADULT CHILDREN are responsible for making decisions for PERSONS ONE and/or TWO's FINANCIAL AFFAIRS (i.e., Power of Attorney). However, you may SKIP, if these are the same PERSON(s) as Guardians named above. Separate each name with a semi-colon.


NOTE: Spouses are automatically named as Financial Agents of each other.


Indicate if "not applicable."

[      ]   Real Property 

[      ]   Tangible Personal Property

[      ]   Stocks and Bonds

[      ]   Commodities and Options

[      ]   Banks and Other Financial Institutions

[      ]   Operation of Entity or Business

[      ]   Insurance and Annuities

[      ]   Estates, Trusts, and Other Beneficial Interests

[      ]   Claims and Litigation

[      ]   Personal and Family Maintenance

[      ]   Benefits from Governmental Programs or Civil or Military Service

[      ]   Retirement Plans

[      ]   Taxes

PERSON TWO

We will utilize the same Primary and Secondary Agents identified above (unless specified otherwise herein).


Indicate if "not applicable."

[      ]   Real Property 

[      ]   Tangible Personal Property

[      ]   Stocks and Bonds

[      ]   Commodities and Options

[      ]   Banks and Other Financial Institutions

[      ]   Operation of Entity or Business

[      ]   Insurance and Annuities

[      ]   Estates, Trusts, and Other Beneficial Interests

[      ]   Claims and Litigation

[      ]   Personal and Family Maintenance

[      ]   Benefits from Governmental Programs or Civil or Military Service

[      ]   Retirement Plans

[      ]   Taxes

NOTICES

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NOTICE.

  • This is only for when the attorney has requested specific information.​

  • Do NOT transmit any data with this feature, unless specifically asked to do so.

  • WARNING:  Any UNSOLICITED file transfers will be IGNORED.

  • These communications do NOT form an attorney-client relationship unless a follow-on representation agreement is signed by both parties. 

  • By submitting information through this website, you agree to opt-in to receive emails and texts (data rates may apply).

  • PLEASE wait for SUBMIT button.

Minor Protection

  • This is only for when the attorney has requested specific information.​

  • Do NOT transmit any data with this feature, unless specifically asked to do so.

  • WARNING:  Any UNSOLICITED file transfers will be IGNORED.

Probate Avoidance Example

  • This is only for when the attorney has requested specific information.​

  • Do NOT transmit any data with this feature, unless specifically asked to do so.

  • WARNING:  Any UNSOLICITED file transfers will be IGNORED.

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