Wesley Winsor

Wes is happy and grateful to be able to serve his neighbors, friends, and family in St. George, Utah. Wesley A. Winsor’s practice consists primarily of Estate Planning and Contracts Law. He is a seasoned negotiator and experienced in guiding disputes into resolution.

Legal Services: Estate Planning - Succession Planning - Trusts - Wills - Advance Health Care Directives - Power of Attorney - Deeds - Probate, Guardianship, and Conservatorship Contracts - LLC’s- Operating agreements, Entity Formation, Partnership Agreements - Lease Agreements - Product Liability Waivers - Service Agreements - Negotiation of Contract disputes

In addition to his career, Wes’ interests include entrepreneurship, basketball, bargain shopping, longboarding, and most of all spending time with his wife Lindsay and their four children.

Education: Faulkner University, Thomas Goode Jones School of Law- J.D., Eagle Scholarship Recipient Brigham Young University- B.S., Business Management- Supply Chain Emphasis

Additional Languages: Spanish, Portuguese

Professional Civic Activities: Member, Southern Utah Bar Association; Mediation Training; Youth Sports Coach; Dave Ramsey FPU Coordinator

See more at: http://www.wealthandestatelaw.com/about-the-firm/#sthash.PXxL6Kq3.dpuf

Thomas Goode Jones School of Law, Faulkner University

J.D. (2012) | Business Law & Estate Planning

Eagle Scholarship Recipient; Public Interest Fellow; Vice President of the Federalist Society; Christian Legal Society

Honors: Eagle Scholarship Recipient, Public Interest Fellow

Brigham Young University

B.S. (2008) | Business Management, Emphasis in Supply Chain

Scholarship recipient; Supply Chain Club; Strategy Club

Dixie State College

A.A. (2006) | Business & Language

Honor Roll; Student Government; X-Club Service Fraternity

Founder

Wealth and Estate Law Group PLLC

2018 - Current

Firm dedicated to the practice estate planning, administration, probate, and and asset protection.

Founding Attorney

Wes Winsor Law PLLC

2013 - 2020

Associate Attorney

Seegmiller Law PLLC

2012 - 2013

What Went Wrong?

Wealth & Estate Law

2017

Guardianship vs. Advanced Health Care Agent in Utah

Wealth & Estate Law

2016

How Not To Draft Contracts

Wealth & Estate Law

2016

The Hardest Part of Estate Planning

Wealth & Estate Law

2016

Why Not Just Do It Yourself?

Wealth & Estate Law

2016

Estate Planning, National Business Institute Estate Planning Seminar

2019

Estate Planning Instruments, Hard of Hearing Division Services

2018

Estate Planning Q & A, Memory Matters

2017

Revocable Living Trusts, Memory Matters

2016

Probate Court, Alzheimers and Dementia Society

2015

Superb Rating

Avvo

2023

Best Probate Lawyers in Saint George

Expertise.com

2023

Top Attorney Award in Estate Planning & Elder Law

Attorney.com

2022

2019-2022

Legal Elite

Utah Business

2022

Up and Coming Legal Elite

Utah Business

2017

Southern Utah Estate Planning Council

Member

2015 - Current

Corporate Alliance

C4 Member

2014 - Current

Business Networking International- Tenacity Chapter

Member

2013 - Current

Southern Utah Bar Association

Member

2012 - Current

Utah Bar Association

Member

2012 - Current

Texas

State Bar of Texas

Since 2019

Utah

Utah State Bar

Since 2012

Federal Circuit

Since 2014

• Credit Cards Accepted

Q. Can a spouse automatically inherit the house even if she's not included on the house's title (in the state of Utah)?

December 19, 2024

A: If her husband is unwilling to add her name to the title, I agree with Mr. Prigmore's assessment that ensuring her inclusion in the husband's will is a critical step to secure her position regarding the home. However, additional legal mechanisms might provide greater security and peace of mind.

Encouraging her husband to consider signing a Transfer-on-Death (TOD) deed or creating a trust could protect her interests effectively. A TOD deed transfers ownership of the house directly to her upon his death, bypassing probate and ensuring she secures the house without court involvement, as long as the deed remains unrevoked during his lifetime. A trust could offer even more robust protection. For instance, if her husband were to establish a living trust and name her as the beneficiary of the home, it would ensure the property seamlessly transitions to her without probate. Additionally, this option can safeguard privacy and make the process simpler and more secure.

These options should be introduced as part of a broader conversation about estate planning. While addressing ownership of the house is essential, the discussion should also include ensuring clarity on the disposition of other assets, debts, and responsibilities that could arise. Consulting an experienced estate planning attorney can help navigate these complexities and design a solution that secures her future while respecting her husband's preferences and any familial relations.

I hope this helps.

Wes ... Read More

Q. Mom died, no will, I am the beneficiary her bank account. A cashiers check for over $100K, she is both payee and payor.

December 19, 2024

A: The cashier's check your mother wrote to herself is considered part of her estate since she is both the payee and the payor. Under Utah law, when a decedent owns more than $100,000 in assets, the estate must go through probate in order to gain access to and distribute the funds. This means a personal representative, also known as an executor, must be formally appointed by the probate court to manage and distribute the estate.

Although the situation appears uncontested, with no conflicting claims to the estate, the probate process is still necessary because there are no joint account holders or payable-on-death beneficiaries directly associated with the funds. However, the process may be simplified through informal probate, as there are no disputes or complexities such as outstanding debts or additional heirs.

The steps you’ll need to take include:

1. Death Certificate: You already possess the death certificate, which is necessary to begin the probate process.

2. File for Probate: File a petition for probate in the appropriate Utah probate court to have a personal representative appointed. Since there’s no will, the probate process will follow Utah's intestacy laws to distribute assets.

3. Appointment of Personal Representative: Once appointed, the personal representative will have the authority to access and manage the estate, including obtaining the funds from the bank.

4. Distribution of Assets: As there are no creditors or disputes, the personal representative will distribute the estate directly to you (as the legal heir under intestate succession).

While the process is likely to be straightforward and should not involve extensive litigation or delays, Utah law requires probate due to the amount involved. It may be helpful to consult an attorney to ensure everything is completed properly and efficiently. ... Read More

Q. The correct way to post notice to creditors in the paper. And we're at the paper that I put it.

December 4, 2024

A: Can you please give me a little more context? Are you talking about publishing notice to creditors or notice to heirs that you don't know their address?