Maxfield Law Blog
Practical guidance on wills, trusts, probate, and protecting your family's future — written for Utah families in plain language.
Medicaid Planning
Lady Bird Deeds do not protect a home from Medicaid recovery in Utah. Utah's recovery estate definition under Utah Code § 26B-3-1001 is broad enough to reach non-probate transfers — including the kind a Lady Bird Deed or Transfer on Death Deed creates. Here's what actually works.
Read the full post →Asset Protection Planning
Utah law allows a person to create an irrevocable trust, transfer assets into it, remain a discretionary beneficiary, and have those assets shielded from future creditors. Here are the fundamental requirements under Utah Code §§ 75B-1-301 through 310 and how a DAPT compares to a revocable living trust.
Read the full post →Business & Asset Planning
Many business owners assume that because their LLC transfers to heirs at death, they don't need a formal estate plan. This assumption is wrong — and it can be expensive. Here are seven reasons why an LLC is not a substitute for a trust-based estate plan.
Read the full post →Probate & Intestate Succession
When someone dies without a will in Utah, funds received from a joint bank account or other non-probate transfer may count as an advancement — reducing that heir's share of the probate estate. Here's how the calculation works and when the rule applies.
Read the full post →Estate Planning for Families with Disabilities
A well-intentioned inheritance can disqualify a disabled family member from SSI, Medicaid, and other benefits they depend on. A third-party special needs trust is the planning tool that solves this — providing lifetime supplemental support without disrupting a single dollar of government benefits.
Read the full post →Advanced Estate Planning
A special power of appointment lets a trusted person adjust how a trust distributes property among beneficiaries — without rewriting the trust. It's one of the most useful tools in estate planning, and one of the least understood.
Read the full post →Business Succession Planning
You've spent years building your business — but if you were hospitalized tomorrow, could your team access the bank accounts to clear payroll on Friday? A personal will won't help. Here are the three legal tools every Utah business owner needs.
Read the full post →Estate Planning Decisions
Most people want their estate divided equally among their children — but what happens if a child dies before you do? The answer depends on a choice most families have never been asked to make, and Utah law has a default that may not match your wishes.
Read the full post →Important Update for Existing Estate Plans
Estate plans written before 2013 may contain AB trust language that creates an unnecessary capital gains tax for your heirs. Here's what changed, who is affected, and what can be done about it.
Read the full post →Transparent Pricing
Most attorneys don't publish their fees. Here's exactly what a complete estate plan costs at Maxfield Law — what's included in each package, what amendments run, and how to get a free review of a plan you already have.
Read the full post →Estate Planning Basics
Probate is the court-supervised process of settling an estate after someone dies. In Utah it can take months or even years, cost thousands in fees, and become part of the public record — but it can also be avoided entirely with the right planning.
Read the full post →Estate Planning Basics
If you have children, own property, or care where your assets go after you die — yes, you need a will. Learn what a will does, what happens to your estate without one, and when a will alone isn't enough to protect your family.
Read the full post →Free Resource · Advance Directives
Utah's official Advance Health Care Directive form has been updated for the first time in roughly 15 years. The new form covers more situations and gives your health care agent greater flexibility to act on your behalf. Download it here at no cost — or have Paul help you complete it, also free.
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