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Kenneth Prigmore

Kenneth Prigmore

Prigmore Law, PLLC
  • Estate Planning
  • Utah
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Biography

Ken Prigmore owns Prigmore Law and has been licensed in Utah since 2006. His focus is on Wills, Trusts and Probates. Ken is careful to give his clients pressure-free options and advice.

When he isn't at work, you can usually find him spending time with his family. Their favorite local vacation spot is St. George, Utah.

Practice Area
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Utah
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Professional Experience
Solo Attorney
Prigmore Law, PLLC
- Current
Solo Attorney
Wasatch Disability Law, PLLC
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Representing clients seeking Social Security Disability benefits.
Managing Attorney
Utah Disability Law
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Practicing Social Security Disability law.
Associate Attorney
Jeffs & Jeffs, P.C.
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Representing clients in Social Security claims, drafting estate planning documents, creating corporations, drafting contracts, researching real estate issues.
Associate Attorney
Reneer and Associates
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Drafting motions and representing clients at hearings and at trial.
Clerk / Associate Attorney
Hughes and Morley
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Meeting with clients. Drafting contracts. Representing clients at hearings.
Education
University of Oklahoma College of Law
J.D. (2006) | Law
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Honors: Dean's List
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Brigham Young University
B.A. | English
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Professional Associations
Utah State Bar  # 11232
Member
Current
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Utah Association for Justice
Member
-
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Utah Association for Justice
President of the Social Security Law Section
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Wasatch Front American Inn of Court
President
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Publications
Articles & Publications
"Should My Client Apply for Social Security Disability?"
Utah Trial Journal
Websites & Blogs
Website
Prigmore Law
Legal Answers
186 Questions Answered
Q. Can I amend my revocable trust myself or need an attorney?
A: Great question. Amending your trust on your own carries similar risks to creating your trust on your own. Let's say you get the wording right, and your amendment looks perfect, and you sign it in front of a notary. The lingering question will be what effect did that change have? Is there anything unexpected or undesired happening as well?

Further, you want to meet with an attorney every 5-10 years to discuss life changes and how those changes can be addressed in your estate plan. Keep in mind that the law changes regularly and what you intended to do originally isn't going to work today. Discussing your plans with an attorney will help you avoid the degradation that time can cause.

Often your attorney will identify new ways to meet old challenges, or new ways to meet new challenges that didn't exist at the time you created your trust. For example, before the digital age came upon us, no one needed an agent to handle their digital affairs in case they are incapacitated or die.

If your question is a technical one, can I effectively make a change using a notary? Probably. The first question is whether or not you made the change. Some people just cross out words and write in new ones. No one knows if those changes were made by you or someone else. Even with initials added. When you sign changes in front of a notary, you have proof that you made the change and signed it. Doing this correctly can be messy, and it isn't hard to make mistakes.

If you update an existing will, a notary is not enough, you also need two witnesses that won't inherit and aren't related to you. The rules surrounding these documents are numerous and it's easy to miss something.

Lastly, not all trusts are created equally. Even if you started with an attorney, you need to know if they specialized in estate planning. A car accident attorney isn't going to know that you need to name a beneficiary on all of your bank accounts if you have more than $100k in your name at your death, otherwise we will be going to probate, even when you have a trust. The documents are only a part of the whole process to fulfill your wishes and avoid court after your death.

Good luck!

Ken
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Q. How to access sister's account at CalCoast after her passing?
A: I am sorry to hear about your difficulty with the bank! You can always retain an attorney in California that can represent you at the bank. You can also sue the bank in California. In the Petition you would request that the Court force the bank to honor your court appointment as executor.

On occasion, I see where someone has been named as the executor in the will, but they did not probate the will, so there is no official court appointment. The court appointment is what will force the bank to give you the money. Sometimes banks in other states don't do well with documents from a differing state.

In Utah, you can give a bank a Small Estate Affidavit, stating that you are collecting less than 100k and the bank will give you the money as one of the heirs, with the plan to distribute to the other heirs. I have no idea what the law is in California, so if you are giving a bank in California a Utah Small Estate Affidavit, it may have no meaning.

You will do well to get some guidance from a California attorney.
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Q. Mom died, no will, I am the beneficiary her bank account. A cashiers check for over $100K, she is both payee and payor.
A: Though your facts don't specify a question, it is likely you have discovered that you can't cash the check. Sometimes a "Small Estate Affidavit" can be used to collect funds when someone has died. The limit in Utah on using this type of affidavit is $100,000.

As you have funds that exceed that amount, you will need to go through some form of probate to get the authority to withdraw and distribute the funds.

Few people have the patience to learn Probate law and handle the process on their own. It's complicated enough we can't teach you how to do it here. I have helped clients that attempted to do it on their own and failed. This adds time, and sometimes unnecessary cost.

On occasion someone has been able to do their own probate. I would recommend that you contact an attorney for help to make the process easier.
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Contact & Map
Prigmore Law, PLLC
946 N 200 E
Spanish Fork, UT 84660
US
Telephone: (801) 210-1058
Cell: (801) 210-1058