CONTRIBUTED CONTENT — Protecting your family’s financial future after your death requires a secure trust, will and other important legal documents. Over the last 19 years, the attorneys at Brindley Sullivan have helped thousands of Southern Utah clients safeguard their assets and avoid the hassle of probate.
The alternative to probate is the effective use of estate planning documents, including a trust. Brindley Sullivan streamlines the administration of your estate to save time and money while hopefully keeping family conflict over your assets to a minimum.
“We want to help clients avoid the time, cost and public nature of probate,” estate planning attorney Andrew S. McCullough said. “A trust can address all those issues.”
Probate is the process in which the court system becomes involved with administering a person’s estate after they pass away. In Utah, an estate without a trust in place will usually end up in probate court if it’s worth more than $100,000 or contains any real property, such as a primary residence, a second home or a rental.
McCullough said families prefer to avoid probate court in most cases because it’s a lengthy, expensive and inconvenient process. At best, probate will last between four and six weeks and cost up to $5,000, although these factors can vary greatly. If the deceased person owned property in multiple states, probate will become necessary in each of those states as well.
Probate is also where conflict among the heirs tends to arise, as family members may disagree about who should be appointed to run the estate and who should inherit various pieces of it. All court proceedings are a matter of public record, so anyone can see what’s in the estate, who will be appointed to run it and what issues the family are discussing.
Not all trusts are created equal, and neither are all estate planning firms. McCullough said the process of moving your assets, including properties in other states, into your new trust is just as essential as obtaining the documents that create the trust itself. That’s why Brindley Sullivan ensures that every client’s trust is fully funded.
“A lot of times when people do a trust, the lawyer draws up all the paperwork and then it becomes the client’s responsibility to make sure their assets get funded into the trust,” he added. “If that doesn’t occur, then you’ve paid all this money for these legal documents and your family still ends up in probate.”
After the trust has been created and funded, Brindley Sullivan will meet with the chosen administrator of the estate to discuss all of the legal steps they’ll need to take in the event of the client’s death. There’s no additional cost for this service.
“Our job isn’t done until not only is the estate plan drafted and executed, but your successor trustee is educated on how to administer it when the time comes,” McCullough said. “We give them a road map of how to go forward.”
McCullough said the attorneys at Brindley Sullivan take pride in being highly responsive. And if a client needs to make changes to their trust or other documents in the future, the firm is always available and willing to answer any questions.
Brent Brindley and M. Sean Sullivan left regional law offices in 2004 to start their own practice, Brindley Sullivan. The firm focuses on wills, trusts, probate, guardianships, conservatorships, asset protection, business succession, fiduciary duties, rights, beneficiary rights and charitable giving.
The attorneys at Brindley Sullivan are here to provide trusted help when you need it most. Protect your hard-earned money, preserve family relationships and control probate challenges with legal documents designed to carry out your intentions after you pass away.
Schedule your free estate and asset planning consultation today at BrindleySullivan.com.
Written by ALEXA MORGAN for St. George News.
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