Areas of Practice

Estate Planning

Creating a simple estate plan is an important way to make sure that your wishes are carried out in the event of your death or serious illness. People who have an estate plan in place often feel relieved, as they know that their loved ones will not be burdened with many of the difficult decisions and expenses that result when a plan is not in place.

Because we work so closely with our clients, and because we take the time to really listen, we really get to know our clients and their families. We draw on this knowledge to guide them through the estate planning process, helping each client create a plan that best suits their needs.

A good estate plan is more than just a Will or Trust. It can include a wide range of documents that all serve different functions, such as::

Last Will and Testament: A Last Will and Testament delineates how your assets should be managed in the event you pass away, and who should be in charge of managing your estate prior to making distribution to your chosen beneficiaries.
Living Trusts: A Living Trust is a great tool to avoid the probate process altogether.
Power of Attorney: A Power of Attorney is often an invaluable tool to have during one’s life; in the simplest terms, this important document authorizes a trusted individual to act on your behalf for medical and/or financial matters.
Advanced Healthcare Directive: An Advanced Healthcare Directive, also known as a “Living Will”, allows you to express your values and intentions for end of life care. If you are incapacitated and/or unable to communicate your desires, your Advanced Healthcare Directive provides those directives for you.
Guardianships and Conservatorships: These procedures appoint a guardian or conservator to oversee personal affairs or finances on behalf of a loved one in the event of health problems or other significant need.

Probate Matters

When a loved one passes away, it can be difficult to determine which legal steps are necessary to take to deal with their estate. We can help. At Sage Hilstad Law, P.C., we guide clients through the estate administration process, whether it be by the filing of a formal probate, utilizing small estate procedures, or assisting with trust administration.

Business Law and Contracts

At Sage Hilstad Law, P.C., in Green River, Wyoming, our experienced lawyers handle a broad range of business law matters. We understand how important your business is, and we are driven to protect your business interests.

We represent many different types of small and midsized businesses operating in Wyoming, ranging from banks to health care businesses, retail stores, construction companies and contractors, restaurants, and other services. Each business is unique. We tailor the representation we provide to meet our clients’ unique needs.

Lawyers at our firm handle many different types of business law matters:

Business formation
Business planning
Purchase and sale of businesses
General advice and guidance
Assistance with Contracts

No one business entity is right for every business. When lawyers at our law firm handle matters of business formation, we help companies organize as limited liability companies (LLCs), corporations, limited partnerships and professional corporations.

Real Estate Law

At Sage Hilstad Law, P.C., we handle a wide range of matters related to real estate transactions. Representing clients in both commercial and residential real estate matters, our law firm offers clear guidance designed to get results.

Real Estate Transactions

For many business leaders and individuals, real estate transactions can have a significant impact on the future. Whether they affect your business or your family home, it is critical to pay attention to the details by seeking knowledgeable counsel. No matter what your situation, our lawyers have the resources needed to help you get the best possible results.

We can manage all aspects of the purchase or sale of commercial or residential real estate and prepared documents related to the sale of property..

Real Estate Disputes

Not every real estate matter always goes smoothly. When it looks like a real estate transaction may turn sour, the best thing to do is call a lawyer. Our lawyers can help you protect your interests related to a wide range of matters, from easements to boundary disputes, to adverse possession, water law and quiet title actions.

We will begin by helping you understand your options under the law. We will then provide advice regarding effective action to protect your interests.

Learn More About Estate Planning!

Estate planning is an important step in ensuring your wishes are carried out and your loved ones are protected. Without an estate plan, the distribution of your assets may become more costly, time-consuming, and may not reflect your intentions. An estate plan can also help prevent disputes over who will manage your estate.

The two most common tools for creating an estate plan are a Last Will and Testament and a Revocable Trust.

- Last Will and Testament: A will is a legal document that directs how your property will be distributed after your death. In Wyoming, wills are administered through the probate process.

- Revocable Trust: A revocable trust also directs how your property will be distributed after death, but it allows you to avoid probate if assets are properly titled in the trust.

Key differences between Wills and Trusts

	Will	Trust
When it takes effect	Becomes effective after your death.	Becomes effective as soon as it is signed and funded with assets.
Probate	The assets generally must go through the probate court process, which can be time-consuming and costly.	Assets placed in the trust bypass probate, allowing for a quicker distribution. When doing a trust, one’s objective is often to make administration of one’s estate as easy as possible on those they leave behind.
Privacy	Becomes a public record once it is filed with the court. A Will is only filed after death.	Remains a private document, keeping your financial affairs confidential.
Asset Management	Does not necessitate asset management during your lifetime. (you continue to manage your assets as you currently do).	Your assets are managed under the umbrella of the revocable trust during your lifetime. Thus, assets must be transferred to your trust to effectively avoid probate.
Incapacity planning	Has no power if you become incapacitated.	A successor trustee can step in to manage your financial affairs without court intervention if you become incapacitated.
Cost	Generally less expensive to create upfront. However, generally more expensive to administer on the backend.	Typically more complex and costly to establish, but can save money on probate fees in the long run.
Ease of Creation	Often easier to put together and manage, as there is no asset management related to Wills.	Demands an increased decree of organization due to the asset management aspect.
Asset protection	No protection against creditors.	No protection against creditors.

Revocable Trusts vs. Irrevocable Trusts

	Will	Trust
Control	Grantor retains full control; can amend or revoke anytime.	Grantor gives up control; changes must be approved through court processes.
Asset Protection	No protection from creditors or lawsuits.	Strong protection from creditors and legal claims.
Flexibility	Highly flexible; can change terms or dissolve trust.	Very restrictive; generally permanent once created.
Primary Purpose	Probate avoidance, privacy, incapacity planning.	Asset protection & Medicaid eligibility. When used for Medicaid planning, the assets held by the trust cannot be used for the benefit of the Grantor. Also, there is a 5 year look back period of ineligibility for ‘gifts’ to an irrevocable trust.