Protecting What's Yours!

Andrew W. Gilliland Attorney-at-Law, PLLC
782 E. Pioneer Rd. (12400 S.)
Draper, Utah 84020

(801) 285-0886
andrew@gillilandlaw.com
Estate Planning
Why do you need an Estate Planning Attorney?  Because your situation is not the same as your neighbor's or friend's.  Don't be fooled by one size fits all forms!

Estate Planning is not just about what to do with your property should something happen to you.  Proper estate planning should take into consideration your life situation and your family dynamics.  I will take the time to meet with and understand not just your assets, but also your desires for each member of your family.  A good estate plan will set forth your hopes and desires for your loved ones and can be your legacy to help them through their lives.
I can help you with the following: 

  • Revocable Trust
  • Medicaid Trust
  • Will
  • Living Will
  • Power of Attorney
  • Medical Directive
Trusts:  Are the most used method to avoid probate.  The two most common types of trusts are revocable trusts and irrevocable trusts.  A revocable trust allows you to keep control over your property during your life and gives you the power to terminate the trust should you desire.  In contrast, when using an irrevocable trust an asset that is transferred to the trust is out of your control and you do not have the power to terminate the trust.  Typically, an irrevocable trust is used for asset protection or for Medicaid planning.   Other types of trusts may include a trust for education, charity, and special needs.  While the elements of a trust are simple (grantor, asset, trustee, beneficiary), the details are critical to make sure your desires are carried out.  If you have young children you may want to leave their inheritance in a trust and appoint a trusted adviser to manage their accounts until they are mature enough to manage them on their own. 

Wills:  Absent a will, the state laws will determine who gets your property, which may include a relative that you do not want to share in your estate!  A simple will can be done for a low cost and is a valuable estate planning tool.  You can use a pour-over will to have your property pass automatically to a trust at your death.  This relieves your family of a tremendous burden.  While you can likely find a form on-line and print it off, if it is not properly executed or drafted the right way, you could be leaving your family a lawsuit.

Medical Directives:  An advanced medical directive lets your family know what you want to happen should there be a medical crisis keeping you from making the decision. With a medical directive you can be as general or as specific as possible with your medical desires should you become unable to make the decisions.  Proper planning avoids disagreements and fighting between your family over what type of care you would want.  Help them out by setting forth your desires before a crisis occurs.  

Power of Attorney:  Should you become incapacitated, how do you want your affairs to be handled?  More importantly, who do you want to handle your affairs?  There are many options when it comes to a power of attorney.  You can also have more than one and divide up responsibilities among those best suited to handle parts of your affairs.  For instance, your spouse can handle the bank accounts and finances, but you can leave business decisions to someone else if you want to.  

Guardianship:  If there is no power of attorney, you may need to obtain a guardianship for your loved one in order to manage his/her affairs.  This generally requires filing a guardianship petition with the Court and a finding that your loved one is incapacitated.  The Court will then issue an order appointing a guardian.  This process could take several weeks.
 
Let my experience help you make these tough decisions. 

Andrew W. Gilliland
Attorney-at-Law, PLLC
782 E. Pioneer Rd. (12400 S.)
Draper, Utah 84020
(801) 285-0886
andrew@gillilandlaw.com   



 
 

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