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Estate Planning

At Black Creek Legal, we pride ourselves on offering a dynamic range of legal services designed specifically for you. Your needs are at the heart of everything we do, and we go above and beyond to secure the best possible outcomes. Rooted in the vibrant communities of the Intermountain West, our mission is to empower you with the legal support and guidance you deserve. Let us be your trusted partners in navigating the legal landscape.

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Wills

A will is a formal legal document that articulates your wishes regarding the distribution of your assets following your death. At our law firm, our estate planning attorneys collaborate closely with you to ascertain your intentions for your estate. We draft wills regularly for a diverse clientele, which includes not only individuals in the later stages of life but also young couples who have recently welcomed their first child, as well as young individuals who have accumulated substantial wealth.

A will typically delineates the manner in which your property and debts will be allocated upon your death. It also specifies the individual you designate to serve as the personal representative of your estate, along with the conditions under which you wish your belongings to be managed.

Trusts

A Trust provides significant control over the distribution of your property, allowing for specified conditions to be set. For instance, you can designate that beneficiaries may only access assets upon reaching a certain age or satisfying specific conditions.

The process of establishing a Trust is complex and necessitates thorough review and careful consideration from an estate planning attorney. Many clients have entrusted us with the creation of their Trusts, and we have the expertise to guide you through this intricate process.

Our extensive experience includes the establishment of various types of Trusts, such as Revocable Trusts, Irrevocable Trusts, Family Trusts, Living Trusts, Charity Remainder Trusts, and Testamentary Trusts.

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What Does Probate Involve?

Upon the passing of an individual, the executor—preferably a legal representative—collects the necessary documents, such as the death certificate and the last will and testament. These documents are then presented to the probate court. Throughout this process, probate attorneys will:

Gather Assets

This process encompasses the identification and valuation of assets, which may include retirement funds, investment portfolios, and personal property of various types.

Alert Creditors

In the event that the estate has outstanding debts, it is imperative that creditors are duly notified to facilitate the collection process. Creditors may include contractors, mortgage lenders, credit card companies, among others. Additionally, it is essential to ensure that the funeral home director receives appropriate compensation for their services.

Distribute Remaining Estate

Upon the settlement of all outstanding debts and the accurate valuation of the residual assets, the executor proceeds to allocate the remaining estate to the deceased individual’s beneficiaries, in accordance with the directives specified in the decedent’s last will and testament.

The concluding task involves filing the final tax returns of the deceased, a responsibility that, although not part of the formal probate process, can be managed by your estate planning attorney. Typically, this must be completed within nine months following the date of death.

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What is the cost of probate?

Probate court expenses differ depending on the size of the estate, with variations also arising from the state in which probate takes place. Generally, probate costs range from 3-7% of the estate’s total value.

These expenses are typically borne by the estate itself, underscoring the importance of engaging experienced estate planning attorneys. Their expertise can help minimize or avoid unnecessary costs, thereby preserving a greater portion of the estate for the beneficiaries.

Probate, in essence, is the legal procedure that follows an individual’s death. Although the specifics can differ between states, the primary objective of probate is to validate and authenticate the decedent’s final will, manage the distribution of assets, settle financial obligations, and other related affairs. This is a court-supervised process in which having a proficient estate planning attorney is crucial to ensuring the provisions of the will are executed accurately.

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