Estate Planning Attorney in American Fork
Your Trusted Partner in Estate Planning
At Stevens & Gailey, PLLC, we are committed to providing compassionate and personalized legal services in estate planning. Our team understands the intricacies of Utah estate law and is dedicated to helping American Fork residents secure their legacy with confidence and clarity.
Estate planning involves much more than drafting documents; it's about ensuring peace of mind for you and your loved ones. By creating a comprehensive plan, we ensure your assets are protected and that your wishes are followed precisely posthumously.
We recognize the unique needs of the American Fork community, which often includes managing estates with diverse assets such as family-owned businesses, farms, and properties. Our tailored approach ensures that we address these specific concerns while maintaining compliance with local regulations.
Our trusted estate planning attorney in American Fork offers comprehensive estate solutions at a price you can afford. Payment plans available. Free consultations by calling (801) 761-2124 or reaching out online. Se habla español.
Comprehensive Estate Planning Services
Our firm offers a full range of estate planning services to meet your specific needs. These services include creating wills, establishing trusts, and preparing durable powers of attorney. We ensure that your assets are protected and your wishes are honored.
The process begins with a thorough assessment of your assets and liabilities, ensuring that every aspect of your financial portfolio is considered. We then develop a custom plan that outlines clear instructions for estate distribution, health care decisions, and guardianships, if applicable.
- Last Will and Testament: A will is a foundational legal document that outlines how your property will be distributed upon your death. It allows you to designate a personal representative (also known as an executor) to manage your estate through the probate process and, crucially, to nominate guardians for any minor children.
Utah's Probate Process
Even with a comprehensive estate plan, some assets may still need to pass through the probate process in Utah. Probate is the court-supervised legal process of validating a will, identifying and inventorying the deceased person's assets, paying debts and taxes, and finally distributing the remaining assets to the rightful beneficiaries or heirs. The Utah Uniform Probate Code governs this process.
Key steps in Utah probate typically include:
- Filing the Will and Petition: The original will is filed with the Utah district court in the appropriate county (e.g., Utah County for American Fork residents), along with a petition to open the estate.
- Appointment of a Personal Representative: The court formally appoints the executor named in the will (or an administrator if there is no will) to manage the estate.
- Notifying Heirs and Creditors: The personal representative provides proper legal notice to all interested parties, including heirs and beneficiaries, and publishes a "Notice to Creditors" in a local newspaper. Known creditors must be given direct notice and have a limited time to file claims against the estate.
- Inventory and Appraisal: The personal representative identifies, inventories, and appraises all probate assets.
- Payment of Debts and Taxes: Valid creditor claims, funeral expenses, and any applicable taxes (income and, if applicable, federal estate taxes) are paid from the estate assets.
- Distribution of Assets: Once all debts and taxes are satisfied, the remaining assets are distributed to the beneficiaries according to the will or Utah's intestate succession laws if there is no will.
- Closing the Estate: Once all distributions are made and all legal requirements are met, the personal representative petitions the court to formally close the probate administration.
While some elements of Utah probate can be streamlined, it can still be a time-consuming and public process. Our estate planning attorney in American Fork works with personal representatives and beneficiaries to navigate probate efficiently, minimizing delays and expenses.
Utah's Intestate Succession (Dying Without a Will)
If a person dies in Utah without a valid will, their estate is considered "intestate." In such cases, Utah's intestacy laws, outlined in the Utah Uniform Probate Code, dictate how the decedent's assets will be distributed. This means the state, not the decedent, determines who inherits the property. This can often lead to outcomes that are contrary to the decedent's unstated wishes and can create significant complications for the surviving family members.
Beyond asset distribution, dying without a will can also result in the court appointing a personal representative and, critically, a guardian for minor children. Our American Fork estate planning lawyer team stresses that these outcomes may not align with your preferences and can be easily avoided with a proactive estate plan.
Driven by integrity, compassion, & commitment Why Choose Stevens & Gailey, PLLC?
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Trusted AdvisorsWhether facing complex legal challenges or high-value disputes, you need a firm you can trust. With extensive experience and a reputation for excellence, we are here to guide you through every step with confidence and expertise.
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Unwavering CommitmentYour success is our priority. Our dedicated team works tirelessly to deliver the best possible outcomes, offering personalized attention and a strategic approach that’s always focused on your needs.
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Tailored StrategiesHandling complex, high-stakes cases requires a deep understanding of financial intricacies. We specialize in managing high-net-worth cases, crafting personalized legal strategies designed to protect your assets and interests.
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Bilingual Legal ExpertiseWe’re proud to offer legal services in both English and Spanish. Our bilingual team ensures that language is never a barrier to receiving top-tier legal representation, providing clear communication for all our clients.
Frequently Asked Questions
At Stevens & Gailey, we’re committed to helping individuals and families build estate plans that not only comply with state laws but also reflect personal values and long-term goals. Below, we’ve answered some of the most common questions clients ask when beginning the estate planning process.
Why Do I Need an Estate Planning Attorney?
Hiring an estate planning attorney ensures that your legal documents are valid under Utah law and that your intentions are clearly stated. At Stevens & Gailey, we take the time to understand your unique circumstances and tailor a strategy that addresses your financial goals, family structure, and legacy planning. This includes minimizing tax exposure and protecting your estate from unnecessary probate or disputes. We also help identify options for charitable giving or special trusts, so your assets make a lasting impact according to your wishes.
Can Estate Planning Help Avoid Probate?
Yes, a well-crafted estate plan can significantly reduce or even eliminate the need for probate. Trusts are one of the most effective tools for this purpose, as they allow your assets to transfer directly to beneficiaries outside the court system. At Stevens & Gailey, we also incorporate other probate-avoidance tools, such as beneficiary designations and joint ownership agreements, offering you a variety of methods to streamline asset distribution and protect your family's privacy.
