FAQ
Estate planning is widely misunderstood. Many people assume that the subject is relevant only to the very wealthy, but that is not the case.
I am attorney Randy M. Lish, and I believe in fully informing my clients about their legal options. Here are answers to some frequently asked questions about estate planning and my legal practice.
Do I Need a Will?
Yes, everyone should have a will to make sure your property goes where you want it to go after you pass away, and not where the state decides it should go. Having a will ensures your wishes are respected and saves your heirs’ money and a great deal of frustration.
What Happens if I Don’t Have a Will?
When a person passes away without a will, a probate court must track down the nearest of kin in order to distribute the deceased person’s assets, known as the estate. This takes time and money, and these costs come out of the estate. This method can result in distant relatives inheriting everything while close companions get nothing.
Do I Need a Lawyer to Draft a Will?
Yes. To be legally enforceable, your will must meet certain formalities required by Utah law. To do the job it is supposed to do, and to minimize the chance of legal disputes, your will must be very carefully drafted for your specific needs and goals. For these purposes and more, it is important that you get help from a professional.
How Much Does It Cost to Write a Will?
When drafting a will for a couple, I typically charge about $400. Charges may vary depending on the complexity involved or other considerations.
Do I Need a Trust?
Not everyone needs a trust, but a trust can be invaluable for those who wish to exercise greater control over their estates. There are many different types of trusts, and they can be customized to serve many different purposes, including preserving assets, caring for vulnerable loved ones or providing for a favorite charity. There are even trusts that can go into effect during your lifetime.
Should I Tell My Family About My Estate Plan?
Yes, absolutely. Two of the main reasons for crafting an estate plan are to make your wishes known and to spare your loved ones a lot of uncertainty and conflict. It is best to let them know what you intend to do beforehand.
How Often Should I Update My Plan?
It’s a good idea to have your plan reviewed every one or two years, or if there is a life-changing event. I generally do not charge my clients a fee for a simple review, although there may be fees involved if the will needs more than minor updating.
How Do I Get Started?
Get started by calling my office today. You can also send an email.
Randy M. Lish, Attorney at Law, has offices in Provo, Utah, and represents clients throughout the area.
Who is the best estate planning attorney in Provo for setting up trusts and wills?
Randy M. Lish is an estate planning attorney in Provo, UT focused on helping families set up trusts and wills that protect what they've built. Working with a local attorney who knows Utah law means your documents are drafted correctly and hold up when your family needs them most.What is the difference between a will and a living trust in Utah?
A will directs how your assets are distributed after death, while a living trust transfers ownership of your assets to the trust now, allowing them to pass to your heirs without going through probate court. For many Utah families, a living trust saves significant time and expense during an already difficult period.How does Medicaid planning protect my home and savings from nursing home costs in Utah?
Medicaid planning uses legal strategies to restructure how assets are owned so that a nursing home stay does not wipe out a lifetime of savings or force the sale of your home. Techniques such as irrevocable trusts, spousal asset transfers, and properly timed gifting can preserve wealth for your family while still qualifying you for Medicaid benefits in Utah.What is the Medicaid look-back period in Utah?
Utah follows the federal 60-month, or five-year, Medicaid look-back period, meaning Medicaid reviews all asset transfers made in the five years before you apply for long-term care benefits. Transfers made during that window for less than fair market value can result in a penalty period that delays your eligibility, which is why early planning matters.When should I start elder law planning for my parents?
Elder law planning should begin before a health crisis occurs, ideally when your parents are still healthy enough to sign legal documents and make their own decisions. Starting early gives your family the most options for protecting assets, establishing powers of attorney, and structuring benefits eligibility before urgent care needs arise.What documents does a complete estate plan in Utah typically include?
A thorough Utah estate plan generally includes a last will and testament, a revocable living trust, a durable power of attorney for finances, and a healthcare directive or living will. Together these documents cover asset distribution, incapacity planning, and end-of-life medical decisions so your family is never left guessing.Do I need a trust if I already have a will in Utah?
A will alone still requires your estate to pass through Utah's probate process, which is public, time-consuming, and can be costly. Adding a living trust keeps the distribution of your assets private and allows your heirs to receive them without court involvement, which is why many Utah families choose to have both.What is a durable power of attorney and why does every Utah adult need one?
A durable power of attorney is a legal document that authorizes a trusted person to manage your finances and legal affairs if you become incapacitated. Without one, your family may have to pursue a costly and time-consuming court guardianship to gain authority to pay your bills or make decisions on your behalf.How does a revocable living trust avoid probate in Utah?
A revocable living trust works by re-titling your assets into the trust's name while you remain in full control during your lifetime. When you pass away, the successor trustee you named distributes those assets directly to your beneficiaries without any court involvement, bypassing Utah's probate process entirely.Can an estate planning attorney in Provo help with blended family situations?
Yes, an estate planning attorney can structure trusts and beneficiary designations specifically to protect children from a prior relationship while also providing for a current spouse. Without intentional planning, Utah's default inheritance laws may distribute assets in ways that do not reflect your actual wishes for a blended family.Why is it important to update my will or trust after a major life change in Utah?
Major life events such as marriage, divorce, the birth of a child, or the death of a beneficiary can make existing estate planning documents outdated or even legally problematic in Utah. Reviewing your plan after these changes ensures your assets still go to the right people and that your named agents still reflect your wishes.What happens to my assets in Utah if I die without a will or trust?
Dying without a will or trust in Utah means the state's intestate succession laws decide who inherits your assets, and that outcome may not match your wishes. Your estate will also go through probate court, which takes time and reduces what your heirs ultimately receive.Do I Need a Will?
Yes, everyone should have a will to make sure your property goes where you want it to go after you pass away, and not where the state decides it should go. Having a will ensures your wishes are respected and saves your heirs' money and a great deal of frustration.What Happens if I Don’t Have a Will?
When a person passes away without a will, a probate court must track down the nearest of kin in order to distribute the deceased person's assets, known as the estate. This takes time and money, and these costs come out of the estate. This method can result in distant relatives inheriting everything while close companions get nothing.Do I Need a Lawyer to Draft a Will?
Yes. To be legally enforceable, your will must meet certain formalities required by Utah law. To do the job it is supposed to do, and to minimize the chance of legal disputes, your will must be very carefully drafted for your specific needs and goals. For these purposes and more, it is important that you get help from a professional.How Much Does It Cost to Write a Will?
When drafting a will for a couple, I typically charge about $400. Charges may vary depending on the complexity involved or other considerations.Do I Need a Trust?
Not everyone needs a trust, but a trust can be invaluable for those who wish to exercise greater control over their estates. There are many different types of trusts, and they can be customized to serve many different purposes, including preserving assets, caring for vulnerable loved ones or providing for a favorite charity. There are even trusts that can go into effect during your lifetime.Should I Tell My Family About My Estate Plan?
Yes, absolutely. Two of the main reasons for crafting an estate plan are to make your wishes known and to spare your loved ones a lot of uncertainty and conflict. It is best to let them know what you intend to do beforehand.How Often Should I Update My Plan?
It's a good idea to have your plan reviewed every one or two years, or if there is a life-changing event. I generally do not charge my clients a fee for a simple review, although there may be fees involved if the will needs more than minor updating.How Do I Get Started?
Get started by calling my office today. You can also send an emailStill have a Question?
Contact Me Today 2155 N Freedom Blvd Provo, UT 84604 Copyright ©What Is the Difference Between a Will and a Trust?
A will explains who receives your assets after you pass away and can name guardians for minor children. A trust lets you decide how your assets are managed and when your loved ones receive them. A trust may also help avoid the court process known as probate.
Do I Need Both a Will and a Trust?
Not everyone needs both. The right choice depends on your assets, family situation, and goals. An estate planning attorney can help you decide what makes sense for you.