Elder Law Attorneys Serving Salt Lake County, Utah

Utah Probate, Elder Law, Medicaid, Guardianship and Special Needs Blog

Monday, January 8, 2018

Utah Probate General Description. Utah is a Uniform Probate Code State- Kathie Brown Roberts PC

The probate process is a system in Utah of court proceedings designed to collect and value assets of a decedent;  validate a will or determine heirs of a decedent;  provide an opportunity for creditors to submit claims against a decedent’s estate; provide payment of creditors’ claims;  and finally to provide an orderly framework of distribution to heirs and devisees.

            Utah is a UPC Jurisdiction.  The Uniform Probate Code (UPC) has been enacted in its entirety in 18 states according to the Uniform Law Commission.[1]  Utah enacted the Utah Uniform Probate Code in 1975 in Title 75 of the Utah Code.
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Saturday, January 6, 2018

Utah Small Estate Affidavit-U.C.A Sec. 75-3-1201-When it's appropriate-Kathie Brown Roberts PC

Probate is not necessary in certain limited instances even if certain titled property was left  solely in the name of the decedent upon death. Unfortunately, real property in Utah, if it remains solely in the name of the decedent upon death, does not qualify for collection by affidavit:

75-3-1201.  Collection of personal property by affidavit.

(1)        Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall pay the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

(a)        the value of the entire estate subject to administration, wherever located, less liens and encumbrances, does not exceed $100,000;

(b)        30 days have elapsed since the death of the decedent;

(c)        no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and

(d)        the claiming successor is entitled to payment or delivery of the property.


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Monday, January 9, 2017

Aging Mastery Program Series-National Council on Aging

Attorney Kate Nance and I will be speaking several times on behalf of the Aging Mastery Program

in Salt Lake County, sponsored by the National Council on Aging!  Please see us speak on Advance Planning Topics at the following dates and locations:

Murray Sports Mall located at 5445 S. 900 E. Murray, UT;  February 22, 2017 at 12:00 noon;

Salt Lake County located at 2001 S. state Street, Salt Lake City, UT:  February 28, 2017 at 5:30 pm;

Murray Heritage Center 10 E. 6150 S.
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Monday, November 21, 2016

Interplay of Medical Opinions and Elder Law Issues

Read about six important areas where your doctor's evaluation is vital to your legal planning and safety...

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Wednesday, September 28, 2016

Utah Advance Directive Clinic-Aging Mastery Program at Riverton Senior Center

Join me tomorrow at the Riverton Senior Center for a clinic on the Utah Advance Directive as part of the Aging Mastery Program sponsored by the National Commission on Aging.  Pre-registration is required.  See you there!

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Monday, August 29, 2016

Why all Estate Planning Should Address Disability

Unfortunately, many older Americans will either be medically ineligible for long term care insurance or unable to afford the premiums. In that event, more aggressive planning should be considered as early as possible to make sure life savings are not depleted as a result of having to pay out-of-pocket for care. With the help of an elder law attorney, a plan can be created that will protect much of the assets of an individual or couple that would otherwise be at risk of being depleted. 

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Wednesday, August 24, 2016

Reasons Why Everyone Needs a Comprehensive Power of Attorney-Kathie Brown Roberts P.C.

The benefits of a highly detailed, comprehensive power of attorney are numerous. Unfortunately, many powers of attorney are more general in nature and can actually cause more problems than they solve, especially for our senior population. This entry highlights the benefits of a comprehensive, detailed power of attorney, including some of the provisions that should be included. A proper starting point is to emphasize that the proper use of a power of attorney as an estate planning and elder law document depends on the reliability and honesty of the appointed agent.

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Monday, April 6, 2015

Join me at Hyatt Place/Seminar on Protecting Assets While Qualifying for Medicaid

I will be speaking at the NBI seminar "Protecting Assets while Qualifying for Medicaid" on 5/2/2015 at Hyatt Place, Downtown Salt Lake City.  You may phone (801) 456-6300 to register.  

Thursday, March 19, 2015

Proposed Changes to VA Benefits- Kathie Brown Roberts P.C.

On January 23, 2015, the Department of Veteran Affairs (hereinafter “VA”) issued proposed changes to the regulations affecting VA Pension eligibility, a needs-based program.  In support of the proposed changes to the regulations, the VA points to the results of a 2012 Government Accountability Offices (GAO) report.  That report recommended changes in order to “maintain the integrity of VA’s needs-based benefit programs.” 

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Monday, February 23, 2015

Medicaid Planning: Converting Assets and Transfers for Fair Market Value in Utah-Kathie Brown Roberts P.C.

Converting Assets from Countable to Exempt/Transfers for Fair Market Value/Medicaid Compliant Annuities.

In order to qualify financially for Medicaid long term care in Utah,  cash assets in excess of $2000.00 (of a single prospective applicant) may be used to pay off debts such as mortgage on home, vehicle, purchase of funeral plot and services relating to funeral, purchase of life insurance policy to fund funeral arrangement, funeral trust, medical/dental services that are not covered by Medicaid, legal fees.

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Monday, February 16, 2015

The Family Home and Medicaid Eligibility in Utah-Kathie Brown Roberts P.C.

When does home become a countable asset?

In short, a home (and one lot) is normally an exempt asset for a Medicaid long term care applicant.[1]  If the home is sold and the proceeds of the home are not reinvested into another home, the proceeds become countable.  Additionally, to the extent that the single Medicaid applicant does not intend to return the home, the home becomes a countable asset.

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