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Show November 24, 2010 ry," EverylCounts 2-Weeks of ratitude \‘ t Her name is Megan*. She's just come home from Afghanistan on a 2-week leave. She's come home with her husband Antonio*. They were able to travel together on the few day journey until they eventually reached the United States. Family and friends prayed like crazy for them to arrive safely especially since taking leave -even a Thanksgiving one-- can sometimes be dangerous. When they eventually made it to Germany, Megan's father, Don*, could finally sleep. When they finally reached the United States, still in uniform, they received cheers, clapping and were even asked for their autographs throughout the airports they traveled in. With only a few civilian clothes on them, their first stop --after Don picked them up from their last stop in the Pacific Northwest-- was the mall where Megan, while Don and Antonio waited, shopped literally until she dropped even though both she and Antonio had only about six hours sleep since leaving their current home base in Afghanistan a few days earlier. Excited and on a high from being on leave and out of a war zone, both Megan and Antonio initially would stay up late until they their bodies could no longer han- fi4.411.1,4€4,4 dle it. They would continue holiday extra special and going into town to shop and picturesque. Megan's first night buy Thanksgiving food and holiday decorations cel- home, after her extravaganebrating Halloween (even za at the mall, she stayed though it's already passed), up and even cleaned out Thanksgiving and Christ- her dad's pantry. She was mas since they will deploy so excited to be home that back to Afghanistan around she didn't care that she December 3rd. Essentially was working and cleaning. they are packing three holi- "Thanksgiving, after all," days into one in two weeks. said w.J. Cameron, "is a They are grateful for word of action." toilets, and a nice clean, As you gather with warm and comfortable your family and friends bed. They are grateful this Thanksgiving, if you for food other than pack- would, please offer a prayer aged MRE's (meals ready for the men and women to eat). They're grateful who diligently and honorthat they're not being told able serve our country. And what to do. They are even pray for their safety. And grateful for the rain, for to be grateful for what we Megan, it is a reminder of have, even the opportunity growing up in the Pacific of cleaning out a pantry and Northwest. the gift of snowfall and for They SKYPE with the gift of not having to live family and friends. They in a war zone and driving travel and visit them in dif- along roads which someferent cities. One day they times contain such things as have an agenda, the next IED's (improvised exploday they don't. Sometimes sive devices). they sleep in late other days *Names have been changed they wake up at odd times Cynthia Kimball is a wondering where they are. professional speaker and They cuddle with the dogs trainer through her comat Don's house -one of them pany Every 1 Counts, LLC. is even Megan's-and they She writes a column for fall asleep in each other's weeklies in southern Utah arms while watching mov- and is a southern Utah cories. respondent for the Deseret Last night even, it News. Her column, "Evsnowed. It was almost like erylCounts," appears on an answer to prayer. Like deseretnews. corn. E-mail: God knew that a snowfall kimball@every 1 counts .net would make their 2-week ESTATE PLANNING WHEN RELOCATING TO A NEW STATE Relocating to a new state often creates issues affecting estate planning. Many people wonder if they need a new will or trust when they move from one state to another. Although a will or trust validly executed in one state should be valid in a different state, it is a good idea to have the estate planning documents reviewed. By addressing issues related to the relocation, an individual can avoid certain problems and maximize possible benefits. One problem that can be avoided relates to references to another state's laws. Often, estate planning documents reference a particular state's law as the governing law. Many times specific state statutes are referenced. If someone dies in a "new" state, the references in the estate planning documents to the "old" state's laws can be problematic. By executing an amendment to the trust or codicil to the will that changes the state law references to the "new" state's law, one can avoid possible problems. Another concern that should be addressed pertains to special health care documents. In a complete estate plan, one should have Page 3 The Garfield County Insider legal documents pertaining with the least amount of to medical treatment deci- delay, it is usually wise to sions. These documents have new medical treatment usually consist of what is documents executed for the commonly referred to as state in which you now live. Another issue related to a "living will" (more formally titled "Directive to relocating to another state Physicians") and a durable that should be addressed in power of attorney for medi- order to maximize potential tax benefits pertains to cal matters. These documents are community property. There very useful if an individual are ten community property becomes incapacitated and states (Arizona, Califorunable to make his or her nia, Nevada, New Mexico, own decisions. The docu- Idaho, Texas, Washington, ments allow one to specify Louisiana, Wisconsin, and what medical treatment he Alaska - with Alaska reor she desires. Addition- cently adopting a form of ally, the living will directs community property ownthe treating doctor or health ership). Many married couples care facility to allow the termination of life support have relocated to Nevada if the individual is deter- and Arizona from non-commined to be in a vegetative munity property states. If a state without possibility of married couple has moved from a non-community recovery. Significantly, these property state to a commudocuments are created by nity property state, they state law. Many states have should have their estate special provisions related plan reviewed. For married couples, to these medical treatment documents. Although a maintaining or establishliving will or power of at- ing the characterization torney validly executed in of property as community one state should be valid property can be beneficial. in another, the doctors or If property is community health care facilities will property, when one spouse probably be most familiar dies the surviving spouse with the documents used in can sell appreciated assets (at or shortly after the time their state. Of the three states in of the spouse's death) withwhich the author practic- out having to pay capital es (Nevada, Arizona and gains tax. This is not the Utah), only Arizona law case for property owned specifically states that it jointly by a husband and will accept any state's val- wife that is not community idly executed living will property. For property owned by form. Because it is the treating doctor or health a husband and wife that is care facility that must ac- not community property, a cept the medical treatment surviving spouse will have documents and it is often to pay a capital gains tax on of critical importance that one-half the appreciation the documents be accepted of assets sold at or shortly / 4\ the pOiNt ARMY NURSE TRAINING g TEN-MILE MARCH One month into Marine Corps training in San Diego, we were preparing for a ten-mile march in 100-degree weather when a jeep drove up with a large radio in the back. During basic "Who knows anything about radios?" our drill instructraining for the tor asked. Army Nurse Corps, Several hands went up, and anticipating a ride in the we were required jeep, recruits began listing their credentials. Everything to spend one week from a degree in communications to a part-time job in a in the field roughing it. It repair shop was declared. rained the entire week. We The DI listened to all the contenders, then pointed to the arose daily in our swampy most qualified. "You," he barked. "Carry the radio." tent, took a cold-water WATER PUMP beauty bath from our helCall to an imported car parts warehouse: "I need a mets, donned our pistol 28-ounce water pump." belts and ponchos, and "A what?" trudged through the mud to "My husband says he needs a 28-ounce water pump." set up field hospitals. Obvi"A 28-ounce water pump? What kind of car is it for?" ously, our personal appear"It's an old Datsun, I think." ance frequently left much to As the parts guy writes down "Datsun, 28 oz. water be desired. pump" the light in his head goes on. "Oh yes ma'am. The final blow to our We've got 28-ounce water pumps. We have 24-ounce and feminine pride occurred 26-ounce water pumps too." while we waited in the mess "Finally! You're the first place I've called that knew line in the mud and rain. A what I was talking about." "Yes ma'am. That's because we're a full-service parts young private came by with a camera and asked to take warehouse; it's our job to have the parts you need, like a our picture. "It will prove 28-ounce water pump." The parts guy jots down on his order form, "Customer to my girlfriend," he said, pick-up: Datsun 280Z water pump." "that she has NO reason to STAGE MOTHER WEDDING VOWS "How did the wedding go?" asked the preacher's wife. "Just fine until I got to the part where I asked the bride if she would obey and she said, 'Do you think I'm nuts?' and the groom said, `I do,' and then things really began to happen fast." A stage mother cornered the concert violinist in his dressing room and insisted he listen to a tape of her talented son playing the violin. The man agreed to listen and the woman switched on the tape player. "What music!" the violinist thought. It was a difficult piece, but played with such genius that it brought tears to his eyes. He listened spellbound to the entire recording. "Madam," he whispered, "is that your son?" "No," she replied. "That's Itzhak Perlman. But my son sounds just like him." It Makes Sense...B y Veda Hale I'm not much for reality TV shows. But I just saw one called "Downsizing" which made me think how it would make sense to have our family watch at least one episode. It is an Arizona family, father in construction, used to making over $100,000, Mother a school teacher and here they have been living beyond their means. The change comes father out of work and not getting paid for what he does get. They think it will not last long. It does and they find themselves not being able to make the rent, having already losing their home. Finally, they sit down with a debt councilor and it was almost funny to see how hard it was to give up things like their $5.00 designer coffees. The kids were struggling, too. One girl had cheer-leading expenses each month of $150. All were used to eating out a lot. I felt sorry them. I could imagine how hard it would be to move to a lower rent district and not be able to finish high school with their friends. But they did pull together and help find the money to pay the rent, this from everything to hunting through the house for all the loose change, dumpster dumping to find recyclables, and finally one kid selling his baseball glove. But from our county's perspective, with money coming in, even in this hard time, amounting to about $5000 a month between mother and father, to find they were getting food stamps, makes most of us whistle. Yes, we need to stop and think and perhaps prepare our kids for possible changes. It makes sense. Most of us probably won't notice what I hope is really just a recession, but some are hurting. I think of a series of children books I read my kids called "Little Britches". It was about a family during depression and how difficult it was when the father gets sick. We want our children to never have to think of difficult economic circumstances, but if they did at least read about how it could be, they might learn vicariously how it would feel. Maybe it would help them be better human TO PLAY: beings. COMPUTE THE GRID SO THAT Send suggestions to Veda EVERY ROW, EVERY COLUMN AND EVERY 3X3 50)C CONTAINS THE DIGITS 1 TO 9 Hale box 956 Panguitch, Utah 84759 or email veda4 3 5 7 hale@yahoo. corn 5 after the time of the first spouse's death. Depending on how long the asset has been owned and the amount of appreciation and potential capital gains tax, the tax savings of maintaining or establishing the characterization of property as community property can be significant. The preceding issues are just a few of the estate planning items that should be considered when relocating from one state to another. Jeffery J. McKenna is an attorney licensed in three states and serving clients in Utah, Nevada, and Arizona. He is a partner at the law firm of Barney, McKenna and Olmstead, with offices in St. George and Mesquite. He is a founding member of the Southern Utah Estate Planning Council. If you have questions or topics that you would like addressed in these articles please email him at jmckenna@barneymckenna.com or call 435 6281711 . 7 1 3 8 6 3 3 9 8 4 2 5 2 6 4 3 5 4 1 9 Z£LS681, 6911, S81, 19 LZ£8S 1£9Z6 L196T, 6 3 2 Answers for this week L S8Zf 8Z£L91S1, 1, 1 9 6 6S8Z1L91 956£81, £1, 1LZ Z91L6S8 TL8ZS69£1, zugatafga _ acciremak8Z0=re-7d Wills, Trusts & Probate - Business Law & Bankruptcy Real Estate - Contracts - Commercial Litigation Family Law & Divorce - Select Personal Injury Licensed in UT, NV, AZ, CO, MD and CA Offices: St. George, Utah & Mesquite, Nevada (435) 628-1711 |