Too Big For Your Breaches?

You have probably received a letter from a merchant or credit card company advising you that your personal information may have been compromised by a data breach. Perhaps even the company you work for or, if you own a business, the company you run, has been victim to cyber theft. Possibly you have even suffered a surprising political defeat…

Are You Ready?

In 2012, at the age of 77, my mother passed away unexpectedly. We had just helped her move from St. George to South Jordan, Utah, where she could be closer to her children and grandchildren. Being that her mother had lived a relatively healthy life for nearly 102 years, we thought Mom would be around for a while…

What is a “Will Substitute” and Could it Ruin Everything?

A “Will Substitute” is an instrument that transfers ownership of property from the owner to the beneficiary upon the owner’s death while avoiding probate. Examples of will substitutes include the “Payable on Death” (“POD”) designation of a bank account or the beneficiary designation of a life insurance policy. PODs and insurance contracts are powerful agreements! Money in your account or cash…

Starting Up Right

Not long ago I attended an excellent business law seminar presented by Mr. Paul Swegle, an accomplished and experienced attorney from the Seattle area. Of all those things Paul presented and discussed in our 8 hour session, I highlight three for consideration by our business clients who want to start a company or are early in the…

In Case You Don’t Live Forever

Occasionally, politicians, like lawyers, do something useful. In 2007, Utah passed the “Advanced Health Care Directive Act”. The Act offers a standardized form (often called a “Living Will”) that directs health care providers regarding a person’s life sustaining medical care, and withholding or withdrawing such care. The form itself is sort of a hot mess and not easy to…

His, Hers & Ours (the Brady Bunch Scenario)

Here’s a story we all know well, often through personal experience. Blended families are common this day and age when nearly a quarter of all marriages are a second marriage for one of the spouses. This raises some interesting estate planning issues. New spouses typically want to make sure the assets each brought into the marriage are passed on to…

Selling Private (ESOP) Stock

If you have ever participated in an employee stock ownership plan (ESOP), you’ve acquired some equity in your employer. Participation over time allows the stock to vest and can add up to a nice investment for you. Most investors don’t want to hold a stock perpetually, however. At some point, you will probably want to…

Saved by Death

As of May 2018, Utah has joined the ranks of many states in the passing of its own “Transfer on Death (TOD) Deed” statute. UCA 75-6-4. Basically, the owner of a piece of real estate executes a deed transferring ownership of the property upon his or her death. If done properly, when the owner dies, the property…

Financial Planning Professionals

I have had the pleasure to work closely with and get to know some very capable and talented financial consultants. Most have developed specialized practices in things like social security, buy-sell agreements, medicare, portfolio management, real estate, disability insurance, life insurance, IRA alternatives, trust funding, etc. I am always happy to give a referral if you are looking…