OCR Text |
Show Page 28, 2011 IMM1110 Hinckley - McKee Michael & Karla Hinckley, of LaVerkin, announce the marriage of their daughter, Kellen Hinckley, to Brent McKee, son of Norman & Debra McKee, of Panguitch, on August 13, 2011. Following the wedding, a reception will be held in their honor from 8 to 9 PM at The Yellow House at 2942 South, 1500 West, Hurricane, Utah. All are invited. Kellen & Brent will be living in St. George while Kellen finishes her elementary education degree at Dixie State College. Brent is currently employed at Quail Creek Reservoir State Park. Your great-great grandparents used clay and straw to seal their home. Barnett's ORTHODONTICS www.bracesbybarnett.com Toll Free 1-888 BRACE ME Utah Home Performance Up to \HOME PERFORMANCE WITH "rte EN ERGY STAR $2,000 available in rebates to help reduce your energy use, save money and increase comfort in your home. wwvv.utahhomeperformance.com 800-656-4973 WILL AND TRUST CONTESTS Ever since the ancient laws of primogeniture (the eldest son gets it all) were swept away by the right to make a will, heirs have objected to even the best made wills and trusts. Conflicts can arise before or during the administration of an estate or a trust. Here are a few common examples of how a Will or Trust could be challenged. Validity: Everybody has the right to dispose of his or her property as they wish, without consideration for the wishes or opinions of family, friends or anyone else. It IS possible, however, to set aside a will or trust. A person contesting the estate plan must prove that at the time it was signed, the deceased lacked mental capacity, or that the will or trust was procured as the result of undue influ- ence, fraud, or duress. Also, some wills or trusts are invalid because they were not properly executed. For example, if the witnesses to the will signed the will after the fact, and did not actually see the decedent sign the will, then the will may be invalidated. Breach of Fiduciary Duty: A fiduciary duty consists of a duty of good faith and fair dealing, and a duty of competency. A fiduciary must always consider the best interests of the trust or estate before his or her own interests. When a personal representative or trustee profits from his or her position, or fails to safeguard assets, they may have breached their fiduciary duty. The beneficiaries damaged as a result can file a lawsuit against the personal representative or trustee. Contract to Make a Will: Sometimes people make promises they don't keep. Some of these promises relate to wills and trusts. Here's a common one, "Someday, son, all this will be yours." So what does the son do when dad dies without fulfilling his promise? Sometimes, it is possible to enforce what the courts call a "Contract to Make a Buys this Space Week to Week S 750 Buys this Space FOR A YEAR Call 676-2621 for details Will." If the "contract" was not in writing, it still may be enforceable if the person to whom the promise was made changed his or her position in reliance upon the promise, and suffered a detriment as result. For example, Mom promises to one of her daughters that if she moves in and cares for mom at home for the rest of her life, then that daughter would inherit the home. Then, the daughter gives up her job, sells her home, and takes care of mom around the clock for two years. But after mom's death, the dutiful daughter discovers that mom's will divides mom's entire estate, including the home, between all six children. The daughter may have a valid claim against mom's estate for a breach of contract. If you are in the process of doing your estate planning, you should consider the issues set forth above in making your estate plan. Your goal should be to create an estate plan that would be as free as possible from any grounds for a will or trust contest. If you are a beneficiary that has been disinherited because of actions taken by other individuals, this article can provide some information related to your situation. In an ideal world, there would be no will or trust disputes. Unfortunately, it is unrealistic to think there would be no will or trust contests. In doing your estate planning, you and your attorney should be mindful of how to create an estate plan that minimizes the possibility of it being contested. Jeffery J. McKenna is a local attorney serving clients in Utah, Arizona and Nevada. He is a shareholder at the law firm of Barney, McKenna, and Olmstead with offices in St. George and Mesquite. If you have questions you would like addressed in these articles, you can contact him at (435) 628-1711.or jmckenna@barney-mckenna.com . THANK YOU I would like thank all of those who attended the "Meet the Superintendent" meeting. I appreciated the opportunity to give the tax paying citizens accurate information about Garfield County School District. I would like to thank those parents that were involved with making the arrangements for the meeting. Ongoing information from the School District will be published in the newspaper each month in an effort to continue to provide information for our communities. Garfield County School District would like to welcome Mr. Rod Quarnberg as the new Administrator at Panguitch High School. He will be half time administrator and half time math teacher teaching three periods of upper level mathematics at PHS. He plans to relocate to the Panguitch area. We would also like to welcome the new Special Education Director, Mr. Chris Kupfer who comes to GCSD with several years of experience. Mrs. Betty Ann Rember will transfer to Escalante to be the Administrator at Escalante High, Escalante Elementary and Boulder Elementary Schools. Mr. Nick Reynolds will be the Administrator of Panguitch Middle and Panguitch Elementary Schools. He will also be over the mentoring program for all Level 1 teachers. Ms. Julie Chidester will teach full time at Panguitch Middle and High School. Mrs. Lisa Breinholt will transfer to Bryce Valley High School to be the full time Language Arts Teacher. Mr. Layne LeFevre will be half time Administrator of Bryce Valley Elementary and half time shop teacher at Escalante High School Mr. Jeff Brinkerhoff will be half time Administrator of Bryce Valley High and half time shop teacher at Bryce Valley High School Mr. Ralph Perkins will teach two periods at Panguitch High School. He will also teach two periods at the Garfield County Jail to help with the Adult Education Program. In order to fill the two periods vacated by Mr. Perkins at PHS we will be looking for someone in the community to teach shop at PHS. Those who may be interested with qualifications, please contact the District Office. Law Offices of Barney, McKenna & Olmstead, PC Wills, Trusts & Probate — Business Law & Bankruptcy Real Estate - Contracts — Commercial Litigation Family Law & Divorce — Select Personal Injury Offices: St, George, Utah (435) 628-1711 Mesquite, Nevada (702) 346-3100 BARNEY MCKENNA OLMSTEAD FOUNDING PRINCIPLES ENDURING LEGACY Mr. Curtis Barney will be the new CTE Director in training to replace Brent Judd for the next school year. GCSD will offer a three part program at the PHS EDNET facility. The first component will be a student section which will allow high school students to take college classes for concurrent enrollment. The students will be able to take the classes at no tuition cost. Students will only pay for the cost of the books. This option will allow students to achieve an Associates' Degree by the time they graduate. If a student receives an Associate Degree before they graduate, they will be eligible for the Century Scholarship which has a $20,000 value to be used toward the completion of a college degree. The second component is the Adult Education section. This will allow anyone who has not received a high school diploma to enroll in classes at the EDNET facility to complete their graduation requirements and receive an Adult Education Diploma. The third Section of the EDNET Program will allow adults in the community to take college classes and work toward the completion of their Bachelors' Degree. Jenny Fisher will be the EDNET Coordinator. GCSD will be holding an open house in August to answer questions about the program. Superintendent Ben Dalton 7 , k ....oemonagokir_ MEW Inte rrno.r.:*:n GI , . 7 .#6,7 0 7 oqI• ons Intermountain Garfield Memorial Hospital 200 North 400 East • Panguitch, Utah • 676-8811 www.garfieldmemorial.org Family Practice Speech Therapy Flora Howard Certified Nurse Midwife DeAnn Brown, CNM Anesthesiology Lewis Barney, CRNA Dr. Richard Birch Dr. Todd Mooney Dr. Mitchell Miller Becky Roberts, FNP Tim Dennis, PA-C VISITING SPECIALISTS FOR AUGUST 2011 Dr. Robert Pearson Dr. Kevin Walsh Dr. Randy Delcore Dr. Eric Maxwell Dr. Brad Webb Dr. Robert Nakken Dr. Ronald Crouch Dr. Rand Colbert 9 10 11 10, 24 1, 15 25 9 11 Ear, Nose Throat Cardiologist Orthopedist Audiologist Podiatrist Orthopedist Urologist Dermatology 676-8842 676-8842 676-8842 676-8842 676-8842 435-867-0325 676-8842 676-8842 Our Pharmacist, Tim Smith, will provide Coumadin testing and results at outlying clinics. Please call clinic for available dates and times. Coumadin testing and results at the Garfield Memorial Clinic will be by appointment. To schedule an appointment for Mammography, please call 435-676-1267. FUTURE 2011 MAMMO DATES: Sept 7th • Bryce Valley Sept 20 & 21 • Enterprise August 4 • Panguitch August 9 & 10 • Beaver Sept 28 • Panguitch UCCP October 11 • Orderville Clinics - Call For Appointments Garfield Memorial Clinic, Panguitch Kazan Clinic, Escalante 435-676-8842 (Mon - Fri) 435-826-4374 (Mon., Wed., Fri.) Bryce Valley Clinic, Cannonville 435-679-8545 (Tues. & Thurs.) Circleville Clinic, Circleville 435-577-2958 (Tues. & Thurs.) Physical and Speech Therapy 435-676-8840 Mammography 435-676-1267 Diabetic Counseling(Jan Frandsen) 435-676-8811 Garfield Memorial Hospital Long Term Care Center 435-676-1265 |