Currently Browsing:Drew Briney Attorney at Law

Black and White Cases

Sensationalized FLDS sound-bites have been illustrative of something I frequently hear: “I have a case you can’t lose.” The instant I hear these words, I become skeptical – legal disputes are rarely that simple. – Consider the FLDS. Now that was a black and white issue! We either applauded the heroic Texas raid for “protecting […]

Avoid Risk through Proper Estate Planning

Once upon a time, attorneys advised clients to deed homes to themselves and to their children as joint tenants. The idea was to avoid probate. Often, the average person has little more than a home and household items so this tactic seemed to make sense – a small estate affidavit took care of small items […]

Power of Attorney

Recently, I have had a number of people come to my office asking for a power of attorney so that they could administer the estate of a deceased relative. This does not work in Utah. – A power of attorney must be signed by the person granting the power of attorney (post mortem signatures are […]

Special Needs Trust

A growing number of people are struggling to make ends meet with social security payments as their only source of income. Often, there are family members that would like to help out but any monies they give can end up disqualifying the family member from social security assistance because of the the bare-minimum $2,000 rule. […]

Maintaining Privacy with a Gun Trust

If you own every gun Chuck Norris ever used in his movies – you might need a gun trust! – Gun trusts are becoming increasingly popular as more restrictive gun control laws are being implemented. The latest law change will go into effect on July 13, 2016. A gun trust gives you more protection in […]

Revising Your Estate Plan

When people buy a will, trust, and/or other estate planning documents, they generally think that their preparations are finished. Not so. – Apart from revising your estate documents regularly (you revise your investment portfolio regularly and a good estate package is not so different), you should make sure that your executor knows where your documents […]

Living Wills

Last Will. Living Will. Pour-over Will. For some reason known only to legal linguists, some misguided attorney decided to call a certain genre of medical directive a “will.” Don’t ask your attorney why because he/she probably doesn’t know either. However, what your attorney may know that a surprisingly large majority of people do not know […]

Quality Estate Planning

I frequently receive phone calls from people asking how much it costs to buy a trust or a will or an estate package. It seems that most everyone expects a single price because more and more yellow page ads read something like this: “WILLS: starting at $50.00.” – When shopping around for a will, trust, […]

Another Lesson From Mediation

With most disputes that I see in my office, people have a tendency to want to address the largest, most glaring item of dispute with their opponent immediately. After all, this is what they are really upset about – the other, sometimes numerous, issues are almost trivial in comparison. However, my experience and the experience […]

Successful Dispute Resolution

I have learned from innumerable sessions of mediation and negotiations between disputing parties a number of intriguing lessons about relationships. Surprisingly, the simplest and most obvious lesson is one that is too often left untested before parties begin a heated dispute. – A crude illustration may help. Offended persons are much like an inflated balloon […]