Estate Planning: Clarifying your Wishes

Many people have a misconception about estate planning.  For example, many will avoid doing their estate planning because they believe their assets “aren’t worth much” and think estate planning would be a waste of time and money.  The reality is that estate planning is necessary for everyone -- no matter the value of their assets.  Completing your estate planning now with a qualified estate planning attorney to clearly define your intentions is an investment that can save your family financial and emotional heartache in the future.

While you might want to live forever, there is a strong likelihood that you will not make it out of this life alive.  Estate planning allows you to clarify what will happen with your assets once you pass away.  As you think about your estate planning there are a few things to consider: 1) Beneficiaries, i.e., spouse, children, other close family members and friends, or charities; 2) Property, such as real property, personal property, as well as financial accounts and investments; and 3) Distribution of the properties to the beneficiaries.  

The next step is to make your plan to determine who will get what.  This may be simple or complex depending upon your distribution goals and your individual situation.  This should take some careful planning.  It is crucial you are clear how your assets will be distributed.  Having an estate plan may help avoid family disputes after your death.  When your estate plan clearly communicates your intent, arguments are less likely to occur.  Without clearly defining what you want through your will or trust, the court may decide who receives your assets, which means your final wishes may not be taken into consideration.  A poorly written will or trust can invite challenges from beneficiaries who may question validity, distribution or other concerns as well as unnecessary taxes and fees.

A qualified estate planning attorney can help guide you through the estate planning process and avoid the pitfalls of taxes, ambiguous language and directions.  Whether you want to divide your estate equally between beneficiaries or leave a little something extra to someone special, your estate planning attorney can craft documents allowing you to be as creative as you wish -- while adhering to the basics of what is required and making sure you are clear in your directions. The last thing you want to leave is a legacy of strife among family members who challenge your estate planning documents.

Phillip G. Gubler and Thomas J. Bayles, Attorneys at Law

JensenBayles, LLP provides a broad spectrum of legal services.  Thomas J. Bayles has been actively providing advice in the areas of trusts, wills, probate and tax planning in the St. George market for over 18 years. Please visit our web site www.jensenbayles.com or call 435-674-9718 and ask for Thomas J. Bayles or Phillip G. Gubler.

ST. GEORGE EXCHANGE CLUB TO MATCH DONATIONS FOR THE ALL ABILITIES PARK PROJEC

St. George, Utah, April 2016 - Members of the St. George Exchange Club presented an $8,000 donation to the City of St. George at last week's St. George City Council Meeting in support of the All Abilities Park - Hands That Built the Park project. In addition to this $8,000 contribution, members of the St. George Exchange Club are extending a challenge to other area service clubs, businesses and philanthropists to participate with them. Exchange Club members will match up to $15,000 to help sponsor area children so they can participate in this great project.

Hands That Built the Park is a project created by the City of St. George.  It consists of a mosaic wall that weaves throughout the park, embedded with the hand prints of children fired into a hardened tile. Each hand print will have the name of the child carved into the tile.  James McFadden, current St. George Exchange Club president, has been working with special needs children at Fossil Ridge Elementary as well as with children at Riverside Preschool, casting hand prints to embed into the mosaic wall.  The Exchange Club is sponsoring up to 1000 children so they can have their hand prints permanently cast into the wall.  Matching funds are being requested so that as many area children as possible can have their hand prints cast into the wall as well.

“Many families with special needs children are not in a position to cover the costs associated with this project,”  McFadden stated. “Nothing would be more exciting than to see every child who would like to participate have this opportunity. In order to reach this goal, we are prepared to match dollar-for-dollar contributions up to $15,000 which are made by any area service club, business or local citizen who would like to see as many children participate as possible.”  When the All Abilities Park opens later this year, admission will be free to enter the park.

 
The check presented by the Exchange Club at last week's City Council meeting matches the donation made last month by the Dixie Elks Lodge #1743.

About the St. George Exchange Club
The St. George Exchange Club has actively served Southern Utah for over 40 years with members who are local business owners, community leaders and volunteer citizens. Complementing the club is the St. George Exchange Club Foundation. Each year, club members are elected to preside over the Foundation Board, which is currently led by Jinks Dabney. The St. George Exchange Club Foundation is a registered 501(c) 3 and manages all funds donated or raised by the club. Funds raised are returned to the community through various programs the St. George Exchange Club sponsors. In addition to the Southern Utah Performing Arts Festival (SUPAF), the St. George Exchange Club also sponsors and hosts the St. George Mayor’s Walk, Iron Kids Fun Run, Student of the Month Recognition, Freedom Shrine installations and dedications, the Give Me Liberty program which serves area 5th graders, and Give a Kid a Flag to Wave at the annual Veterans Day Parade in Washington City. The St. George Exchange Club, in cooperation with Dixie State University, also awards each area high school’s top graduating senior with First Year Tuition Grants. In 2015 the club contributed over $100,000 to help the City of St. George build the All Abilities Park, which is slated for dedication spring 2016.

Contact Info
James McFadden
Exchange Club of St. George President
435-632-7978
james@requisitemarketing.com

Mindy Suttner
Public Relations Committee Chairman
435-256-5550
msuttner@dxatc.edu

Photo - From Left to Right - Kent Perkins, Director of City of St. George Leisure Services, James McFadden, President St. George Exchange Club, Connor McFadden, Dustin Schofield, President-elect, St. George Exchange Club, Mayor Jon Pike, City of St. George.

Prenuptial Agreements: Are they really necessary?

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Phillip G. Gubler and Thomas J. Bayles, Attorneys at Law

            You are getting married -- for the second time.  While everyone is congratulating you on finding love again, your children are encouraging you to complete a prenuptial agreement.  Why are your children so concerned about your new life?  Are they overreacting? 

            Most children who have experienced a parent in a second marriage attest it is a time of happiness and excitement.  They want their parent to be happy, but there are many underlying concerns that can be a white elephant in the room during conversation.  For instance, children from a previous marriage may feel threatened their perceived “inheritance” will go to the new spouse or the new spouse’s children.  In addition, your partner’s asset-to-debt ratio may not be favorable, and your children’s concern may be your assets will be depleted paying debts not incurred by you.  You may both own homes and need to decide in which home you will reside.  There will be questions about taxes, upkeep, and whether the new spouse will continue to live in the home after the other has passed away. 

One way to keep your premarital assets and debts clearly separate is by entering into a Prenuptial Agreement before marriage.  Prenuptial Agreements, like any contract, must be clearly written.  They must be voluntarily signed by both parties, and provide a reasonable disclosure of the property or financial obligations of both parties.  Without a prenuptial agreement, a surviving spouse may have the right to claim a large portion of the other spouse's property, leaving less for the surviving children which will likely be  less than you originally intended.  Litigation related to Prenuptial Agreements almost always centers on whether the terms of the agreement are clear, the agreement was signed voluntarily, and if the disclosure was reasonable.   For this reason, we recommend both parties retain their own attorney to review the Premarital Agreement. 

            In addition to a Prenuptial Agreement, you should also consider updating your estate plan.  Estate planning challenges in second marriages can be solved with a combination of good communication and smart planning.  Creation of a trust is one way to provide for a new spouse after the death of a spouse while preserving the balance of the assets for the deceased spouse’s children.  Utah law provides a default estate plan applicable to Utah residents in a second marriage with children from a prior marriage who fail to take the time to prepare a customized estate plan.  Generally, Utah’s intestate law provides that the surviving spouse could be entitled to the first $75,000, plus one half of the balance of the deceased spouse’s intestate estate.  The children of the deceased spouse receive the balance of the deceased spouse’s intestate estate.  There are several exceptions in this law; you should seek legal advice from a competent estate planning attorney concerning your situation.

            Congratulations on finding love again.  Let us help you preserve the peace in your home and with your newly extended family by assisting you with a Prenuptial Agreement and other estate planning documents.

The attorneys at JensenBayles, LLP provide a broad spectrum of legal services.  Thomas J. Bayles has been actively providing advice in the areas of trusts, wills, probate and tax planning in the St. George market for over 15 years. Please visit our web site www.jensenbayles.com or call 435-674-9718 and ask for Thomas J. Bayles or Phillip G. Gubler.

April 2016 Students of the Month Honored by St. George Exchange Club

St. George, UT, April 25, 2016 — The April Student of the Month recipients were recently honored by the St. George Exchange Club.  The St. George Exchange Club sponsors the Student of the Month Program, which honors one student from the area high schools each month. This program recognizes the students’ accomplishments in academics, service and leadership in their respective schools. Dixie State University has partnered with the St. George Exchange Club and will provide a one-year, full-tuition scholarship to the Student of the Year from each high school at the end of the school year as selected by the St. George Exchange Club’s Student of the Month Committee. This selection process is based upon the Student of the Year applications received from the students recognized throughout the year as their school’s Student of the Month. The Exchange Club is honored to work with Dixie State University in recognizing and supporting the outstanding high school students of our community.

In addition, two students from the area high schools who have been honored as Student of the Year will have the opportunity to go on to the Rocky Mountain Exchange Club District competition where they could win a $1,000 scholarship; and then if they win district, they can go on to national competition and win a $10,000 scholarship. The 2013 Student of the Year, EmRee Moody from St. George, was selected as the National Student of the Month and received a $10,000 scholarship from the National Exchange Club.

The St. George Exchange Club meets Thursday mornings at 7:30AM at George’s in Ancestor Square. For more information about the St. George Exchange Club contact James McFadden at 435-632-7978.  We congratulate the St George Exchange Club 2016 April Students of the Month.

Photo - From L to R:  Sophia Cazares (MHS March), Eleanor Solstad (DHS), James McFadden (St George Exchange Club President), Stephany Lopez (MHS), Tayvia AhQuin (PVHS)

Better Hearing Costs Less Than You Think

Dr. Lance F. Greer, Au.D., FAAA

According to a USA Today article recently published, the typical American coffee drinker spends $3.01 per day on coffee, loses $1.10 per day on gambling and spends approximately 1% of their annual household expenses on alcohol.  So you may ask yourself what this has to do with better hearing.

In the United States, there are approximately 35 Million people with hearing loss of some degree.  Studies show that only about 22% of those with hearing loss actually seek help and treatment options.  The reasons that the 78% do not purchase better hearing are due to a variety of reasons.  Some of those include; stigma of hearing instruments, the feeling that one is getting old, inconvenience and the perception that they are just too costly.

The later objection is the issue I wish to discuss.  Many who do not purchase hearing instruments and even some of those that may purchase hearing instruments, do not realize the actual costs to deliver a high quality product as well as exceptional service.  Additional value added costs, which are often overlooked, are some of the services that are the most important for a successful, long term fitting experience.  These include:

3 year unlimited repair warranty - The manufacturer will repair unlimitedly your device if it ceases to function.

3 year loss/damage replacement coverage - The manufacturer will replace your lost or damaged hearing instrument one time during coverage period.  A deductible will apply.

Unlimited access to a Doctor of Audiology - You will be able to make an appointment with one of our Doctor's of Audiology at anytime during the in-house service period for no additional cost.

Free Battery Plan - With each purchase you are entitled to batteries at no additional cost for the length of the in-house treatment plan.

Walk-in repair lab - You have access to our walk-in lab where our technicians will see you on a walk-in basis and will have you out the door generally in less than 15 minutes.

Electro-acoustical analysis of hearing technology - We can evaluate the real time performance of your hearing devices with a machine that the manufacturer uses.

These are a few of the services that come with each and every purchase, which you will not get when you purchase hearing instruments over the internet or typically through big box retail centers.  These services are vital for the long-term success of any hearing instrument wearer. So the real cost to you for better hearing and superior support for a long-term successful hearing usually costs between $0.68 - $3.19 per day, which is about what you would spend on coffee or diet Coke each day.

We invite you to make an appointment with one of our Doctor's of Audiology today for a FREE, No obligation, hearing treatment consultation by calling 435-215-1402. Advanced Hearing is located at at Coral Desert Health Center, 1490 E. Foremaster Dr. #360 in St. George. Go to http://www.hearingaiddoctor.com/ for more information.

Dr. Lance F. Greer, Au.D., FAAA, grew up in Heber, Arizona and has been in the St. George area for the past 14 years and is a co-owner of Advanced Hearing & Balance Specialists. His wife’s name is Shannon and they are the parents of 5 children. They enjoy traveling and spending time with their team of swimming children. He has been a member of the Dixie Sunrise Rotary Club and enjoys serving others in the community. in 1998, Dr. Greer developed the newborn hearing screening program at DRMC and currently serves as the Director of this program. He graduated with his Masters of Science in Audiology in 1997 from Brigham Young University and was conferred his Doctor of Audiology degree from the PCO School of Audiology in December 2003. Dr. Greer specializes in:

• Hearing Aid Sales, Service and Counseling Specialist
• Earmold and Hearing Protection Specialist
• Diagnostic Medical Hearing Assessments for Adults and Children
• Diagnostic Balance and Dizziness Assessment of Adults
• Vestibular Rehabilitation Specialist
• Industrial Hearing Conservation Specialist

What is "Probate"?

Phillip G. Gubler and Thomas J. Bayles, Attorneys at Law

Everyone has heard of probate and knows they do not want their estate probated, but not everyone knows what it means. 

Probate is a court-supervised proceeding which allows property to be transferred from a decedent to the decedent's beneficiaries, usually through a Will.  If a decedent dies with no will, the court will also determine the heirs of the decedent.  The downside to probate is that it can be time consuming, costly, and the information in a probate is a matter of public record.

In a probate, the court will appoint a Personal Representative and will oversee the process of  (1) identifying the deceased person's property, (2) paying debts, (3) identifying heirs, and (4) distributing property to the heirs.  The Personal Representative may be named in the decedent’s Will and may be the surviving spouse, a child of the decedent, or other family member, a bank’s trust department or other professional. 

The Personal Representative’s duties will include (1) inventorying and safeguarding all estate assets; (2) appraising and valuing all estate assets; (3) dealing with creditors' claims; (4) filing income tax returns for the decedent and the estate; (5) distributing assets of the estate; (6) preparing accountings for the court; and (7) closing the estate.

It is important to note the Personal Representative has a duty to the creditors of the estate and the beneficiaries of the estate.  The Personal Representative must act prudently in order to avoid creating personal liability for failure to properly administer the estate.   Consequently, the Personal Representative will need the assistance of an experienced estate planning attorney and an accountant.

Life insurance, retirement accounts, and property held as joint tenants with rights of survivorship pass to the appropriate beneficiary and do not need court confirmation.  In addition, property held in a living trust is not usually subject to probate.

JensenBayles, LLP provides a broad spectrum of legal services.  Thomas J. Bayles has been actively providing advice in the areas of trusts, wills, probate and tax planning in the St. George market for over 15 years. Please visit our web site www.jensenbayles.com or call 435-674-9718 and ask for Thomas J. Bayles or Phillip G. Gubler. The information in this article is for educational purposes only and is not intended to be construed as legal advice.

MICHAEL S. WILDE JOIN SNOW JENSEN & REECE AS NEW ASSOCIATE

Michael S. Wilde

St. George, UT, March 7, 2016 – The law firm Snow Jensen & Reece (SJ&R), one of southern Utah's leading law firms, announces the addition of a new associate attorney, Michael S. Wilde.

Michael was born and raised in Salt Lake City, Utah. He graduated from Brigham Young University with a degree in Economics in 2009, and then attended Notre Dame Law School in Indiana, where he graduated with honors in 2012. During law school, Michael was a judicial extern for the Honorable Bruce S. Jenkins of the U.S. District Court for the District of Utah. Following law school, Mr. Wilde practiced at Blackburn & Stoll, LC in Salt Lake City until he joined SJ&R in 2016. His practice will focus in the areas of general commercial litigation, real estate litigation, insurance coverage and defense, and contracts.

Senior partner Lowry Snow said, “We are extremely pleased to have Michael join our firm. He has demonstrated superior academic achievement while obtaining valuable legal experience in the legal field.  He will make a great addition to our group.”

V. Lowry Snow and Curtis M Jensen established SJ&R in 1986. Their goal was to establish a firm that would become recognized as one of the premier legal institutions in Utah. Over the years, SJ&R has been joined by the brightest, most capable and hard-working group of attorneys and staff who have added depth and expertise to meet this goal of its founders.

The law firm of Snow Jensen & Reece (SJ&R) has established itself as one of Utah’s most respected and renowned law firms during the past nineteen years. The firm is committed to offering the highest level of quality professional services with competence and integrity. SJ&R's knowledgeable, experienced attorneys have effectively represented clients in thousands of cases and pride themselves on a long tradition of community involvement.

Snow Jensen & Reece has earned the highest rating possible by legal rating guide Martindale-Hubbell, which means their colleagues have designated them as preeminent in their field. For more information you can reach SJ&R at 435-628-3688 or at snowjensen.com.